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HomeMy WebLinkAbout83-1913Grant, Kelly From: Jeffrey Chizmas <jchiz@comcast.net> Sent: Wednesday, May 2S, 2016 7:33 AM To: Grant, Kelly Subject: Chizmas dredge notice - 66A River Street Attachments: DEP Dredging Notice 2016.docx Hi Kelly, It was nice to meet you a few weeks back. I hope that you are settling into your position well. I am sure that it is busy. FYI, I will be doing a little dredging consistent with my permit in early June and just wanted to let you know in advance. Attached is the notice letter sent to the DEP today. Please feel free to call me with any questions or concerns. Sincerely, Jeff Chizmas 66A River Street 617 285-1246 May 25, 2016 Mr. David Hill Department of Environmental Protection Southeast Regional Office 20 Riverside Drive Lakeville, MA 02347 Re: Waterways License No. 13277 Jeffrey Chizmas, 66A River Street, Bass River, South Yarmouth Dear Mr. Hill: Pursuant to Waterways Dredging Condition #5, page 5, said notice of dredging commencement in June of 2015 is hereby given for the above referenced license number at the above referenced address. The amount of planned dredging is approximately 35-40 yards. Thank you. Sincerely, Jeffrey Chizmas 13 Jones Road Middleton, MA 01949 617 285-1246 cc: Kelly Grant, Town of Yarmouth By: Email Please note: this form has been modified with added space to accommodate the Registry of Deeds Requirements Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. ICI Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 A. General Information Provided by MassDEP: SE83-1913 MassDEP File # eDEP Transaction # Yarmouth City/Town 1. From: Yarmouth Conservation Commission 2. This issuance is for (check one): a. ®Order of Conditions b. Amended Order of Conditions 3. To: Applicant: Jeffrey a. First Name Chizmas b. Last Name c. Organization 2401 Lewis O'Gray Drive d. Mailing Address Saugus MA 01906 e. City/Town I. State g. Zip Code 4. Property Owner (if different from applicant): a. First Name c. Organization d. Mailing Address e. City/Town 5. Project Location: 66A River Street b. Last Name f. State South Yarmouth y. _. V vwv a. Street Address b. City/Town Map 43 Lot 37 c. Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Lon itude if k 41d39m21s 70d11m49s g , now". d. Latitude e. Longitude wpaformUoc • rev. 05/19/2010 Page 1 of 12 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 A. General Information (cont.) Provided by MassDEP: SE83-1913 MassDEP File # eDEP Transaction # Yarmouth City/Town 6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Barnstable a. County 24340 c. Book 7. Dates: 12/22/2011 a. Date Notice of Intent Filed b. Certificate Number (if registered land) 106 d. Page 1 /19/2012 b. Date Public Hearing Closed 1 /30/2012 c. Date of Issuance a. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Proposed Pile Supporting Pier with Ramp and Pile Head Float with Dredging in Bass River at 66A River Street, South Yarmouth, MA a. Plan Title Cape Cod Engineering, Inc b. Prepared By 1/19/2012 d. Final Revision Date Robert Perry c. Signed and Stamped by V = 30" e. Scale Letter from Division of Marine Fisheries; Yarmouth Waterways Committee, 12/19/2011; 1/4/2012; Yarmouth Harbor Master 1/4/2012 f. Additional Plan or Document Title g. Date B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above -referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act (the Act). Check all that apply: a. ❑ Public Water Supply b. ® Land Containing Shellfish c. ® Prevention of Pollution f. d. ❑Private Water Supply e. ®Fisheries ® Protection ofWildlife Habitat g. ❑ Groundwater Supply h. ❑ Storm Damage Prevention I. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. wpaforms.doc• rev.05/19/2oto Page 2 of 12 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 B. Findings (cont.) Denied because: Provided by MassDEP: SE83-1913 MassDEP File # eDEP Transaction # Yarmouth City/Town b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project 0 disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a. linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a. linear feet b. linear feet c. linear feet d. linear feet 5. ❑ Bordering Vegetated Wetland a. square feet b. square feet c. square feet d. square feet 6. ❑ Land Under Waterbodies and a. square feet b. square feet c. square feet d. square feet Waterways e. c/y dredged f. c/y dredged 7. ❑ Bordering Land Subject to Flooding a. square feet b. square feet c. square feet d. square feet Cubic Feet Flood Storage e. cubic feet f. cubic feet g. cubic feet h. cubic feet 6. ❑ Isolated Land Subject to Flooding a. square feet b. square feet Cubic Feet Flood Storage c. cubic feet d. cubic feet e. cubic feet f. cubic feet 9. ❑ Riverfront Area a. total sq. feet b. total sq. feet Sq ft within 100 ft c. square feet d. square feet e. square feet f. square feet wpaform5.doc • rev. 05/1912010 Page 3 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands SE83-1913 WPA Form 5 — Order of Conditions MassDEP File # Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction # Town of Yarmouth Wetland By -Law, Chapter 143 Yarmouth City/Town Sq ft between 100- 200 ft g. square feet h. square feet i. square feet j. square feet B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10. El Designated Port Areas Indicate size under Land Under the Ocean, below 11. ® Land Under the 900 900 Ocean a. square feet b. square feet 50 50 c. c/y dredged d. c/y dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ® Coastal Beaches 160 160 cu yd cu yd a. square feet b. square feet c. nourishment d. nourishment 14. ❑ Coastal Dunes cu yd cu yda. square feet b. square feet c. nourishment d. nourishment 15. ❑ Coastal Banks a. linear feet b. linear feet 16. ❑ Rocky Intertidal Shores a. square feet b. square feet 17. ❑ Salt Marshes a. square feet b. square feet c. square feet d. square feet 18. ❑ Land Under Salt Ponds a. square feet b. square feet c. c/y dredged d. c/y dredged 19. ® Land Containing 900 900 Shellfish a. square feet b. square feet c. square feet d. square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a. c/y dredged b. c/y dredged 21. ® Land Subject to 350 350 Coastal Storm a. square feet b. square feet Flowage wpaform5.doc • rev. 05/19/2010 Page 4 of 12 2LIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 B. Findings (cont.) * #22. If the 22 project is for the purpose of restoring or enhancing a wetland resource area 23• in addition to the square footage that _ has been C. General Conditions Under Massachusetts Wetlands Protection Act entered in Section B.5.c (BVW) or The following conditions are only applicable to Approved projects. B.17.c (Salt Marsh) above, 1 Failure to comply with all conditions stated herein, and with all related statutes and other please enter regulatory measures, shall be deemed cause to revoke or modify this Order. the additional 9 rY Y amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. Provided by MassDEP: SE83-1913 MassDEP File # eDEP Transaction # Yarmouth City/Town ❑ Restoration/Enhancement *: a. square feet of BVW ❑ Stream Crossing(s): a. number of new stream crossings b. square feet of salt marsh b. number of replacement stream crossings 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on 1/3(u2015 unless extended in writing by the Department. 7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. wpaform5.doc • rev. 05/19/2010 Page 5 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands SE83-1913 WPA Form 5 - Order of Conditions MassDEP File # Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction # Town of Yarmouth Wetland By -Law, Chapter 143 Yarmouth citylrown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MassDEP"] "File Number SE83-1913 " 11. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition #13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation wpaform5.doc - rev. 05/19/2010 Page 6 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 Commission. Provided by MassDEP: SE83-1913 MassDEP File # eDEP Transaction # Yarmouth City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order (the "Project") is (1) ❑ is not (2) ® subject to the Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards, then the project is subject to the following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post -construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; fi. as -built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; iv. all post -construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post -construction BMPs is suitably established to withstand erosion. wpaform5.doc • rev. 05/192010 Page 7 of 12 NLIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 Provided by MassDEP: SE83-1913 MassDEP File # eDEP Transaction # Yarmouth City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement ("O&M Statement) for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post -construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi -Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f) through 18(k) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f) through 18(k) with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wpeform5.doc • rev. 05/19/2010 Page 8 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands SE83-1913 WPA Form 5 — Order of Conditions MassDEP File # Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction # Town of Yarmouth Wetland By -Law, Chapter 143 Yarmouth City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit (as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): wpa(orm5.doc • rev. 05/192010 Page 9012 Massachusetts Department of Environmental Protection LlBureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 Provided by MassDEP: SE83-1913 MassDEP File # eDEP Transaction # Yarmouth City/Town D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The Yarmouth hereby finds (check one that applies): Conservation Commission a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: 1. Municipal Ordinance or Bylaw 2. Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. b. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: Yarmouth Wetland By -Law, Chapter 143 1. Municipal Ordinance or Bylaw, 2. Citation 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): See attached text page(s) for Special Conditions wpeform5.doc • rev. 05/19/2010 Page 10 of 12 WPA FORM 5-ORDER OF CONDITIONS SPECIAL CONDITIONS -PAGE 10A OF 12 SE-83- 1913 Jeffrey Chizmas 66A River Street, South Yarmouth, MA 1. The applicant shall be responsible for having a copy of the "Orders of Conditions" on the job site at all times. Failure to do so may result in the revocation of these "Orders", a fine or both. 2. The Conservation Commission, it's agents or assigns, shall have the express right of entry upon the job site at all reasonable times for the purposes of establishing "compliance" with the conditions stated herein. 3. Upon completion of the project, a "Certificate of Compliance" shall be requested in writing. This "Order of Conditions" shall be considered incomplete until the "Certificate of Compliance" is issued and recorded at the Registry of Deeds. The design engineer will certify, with an as -built plan, that this project has been completed in accordance with the above Order of Conditions before the Certificate of Compliance will be issued. 4. Any plan changes whatsoever must be brought to the attention of the Conservation Administrator prior to implementation of such change. Failure to do so may result in the revocation of these "Orders, a fine or both. 5. A pre -construction review shall be arranged by the contractor with the Conservation Administrator. This review shall occur prior to any work. 6. Applicants are reminded that these "Orders" are only valid for 3 years from their date of issue, unless otherwise specifically noted within the "Orders". Extension Permit requests must be applied for at least 30 calendar days prior to the expiration of the original "Orders". Failure to do so will result in a new "Notice of Intent" filing. 7. The pilings shall be hammer driven wherever possible. 8. During construction, all lose debris shall not be allowed to enter the wetland or waterways. Continued .... SE83-1913 WPA FORM 5-ORDER OF CONDITIONS SPECIAL CONDITIONS -PAGE 10B OF 12 SE-83-1913 Jeffrey Chizmas 66A River Street, South Yarmouth, MA 9. Any excess material that is excavated from the job site shall be disposed of at a location approved by the Conservation Administrator. 10. A "work limit" line shall be established with haybales, silt fence or both. The Conservation Administrator shall make this final determination of which material shall be provided and the extent of such material. 11. The proposed pier shall be designed to allow for adequate public passage either above or below the structure between Mean high and Mean Low water lines 12. During the non -boating season any floats or ramps shall be stored above the mean high water lines. Pier components shall not be stored upon salt marsh areas under any circumstances. 13. All shellfish within the footprint of the proposed structure shall be removed under the direction of the Natural Resource Department at the applicant's expense. 14. Dredging time of year restriction on all in -water work from January 15 to May 31 to protect spawning winter flounder and demersal eggs or unless otherwise recommended by the Division of Marine Fisheries and a copy is submitted to the Conservation Commission. 15. Float stops shall be installed on the proposed float to insure 3 feet from the bottom at low tide. 16. The project shall use pilling constructed of CCA and the other structures shall be constructed of ACQ. 17. Any further enlargements of the project will require a new filing. 18. Shellfish shall be removed prior to dredging and piling installation. SE83-1913 Massachusetts Department of Environmental Protection Provided by MassDEP: The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Bureau of Resource Protection -Wetlands SE83-1 Ll City/Town 913 WPA Form 5 -Order of Conditions MassDEP File # Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction # Town of Yarmouth Wetland By -Law, Chapter 143 Yarmouth Signatures: r �.�.���r•�r� 1 f ❑ by hand delivery on Date F. Appeals E? by certified mail, return receipt requested, on l - Date The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act (M.G.L. c. 131, § 40), and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. wpaform5.doc • rev. 05/19/2010 Page 11 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands SE83-1913 WPA Form 5 - Order of Conditions MassDEP File # Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction # Town of Yarmouth Wetland By -Law, Chapter 143 Yarmouth City/Town G. Recording Information Prior to commencement of work, this Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on this page shall be submitted to the Conservation Commission listed below. Yarmouth Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: Yarmouth Conservation Commission Please be advised that the Order of Conditions for the Project at: 66A River Street Project Location Has been recorded at the Registry of Deeds of: Barnstable County SE83-1912 MassDEP File Number Page for: Jeffrey Chizmas Property Owner Book and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc• rev.05/iWoto Page 12 of 12 Yarmouth Conservation Commission Onsite Meetin SE83- 1 Project Address: 6-6--A Date: :3 - 1 '�2, - ► c� Resource Area(s) � -Sc; Contact Info: Name, pho e number, 9mail addre ma ling address • Recording page has been recorded and returned to the office ✓ hC�-5 C\n ` • SE83-1913 sign installed -,"" • Water quality certification will not be required because they will disturb less than 5,000 square feet of wetlands and they are only proposing to dredge 50 cubic yards. • Has the Town of Dennis moved the moorings to the east? n2�c� Can-�`rmu�e�rdrl • The applicant shall be responsible for having a copy of the "Orders of Conditions" on the job site at all times. Failure to do so may result in the revocation of these "Orders", a fine or both. • The Conservation Commission, it's agents or assigns, shall have the express right of entry upon the job site at all reasonable times for the purposes of establishing "compliance" with the conditions stated herein. • Upon completion of the project, a "Certificate of Compliance" shall be requested in writing. This "Order of Conditions" shall be considered incomplete until the "Certificate 1 S \n If �, ��C7 r of Compliance" is issued and recorded at the Registry of Deeds. The design engineer will certify, with an as -built plan, that this project has been completed in accordance with the above Order of Conditions before the Certificate of Compliance will be issued. Any plan changes whatsoever must be brought to the attention of the Conservation Administrator prior to implementation of such change. Failure to do so may result in the revocation of these "Orders, a fine or both. • A pre -construction review shall be arranged by the contractor with the Conservation Administrator. This review shall occur prior to any work. • Applicants are reminded that these "Orders" are only valid for 3 years from their date of issue, unless otherwise specifically noted within the "Orders". Extension Permit requests must be applied for at least 30 calendar days prior to the expiration of the original "Orders". Failure to do so will result in a new "Notice of Intent" filing. • The pilings shall be hammer driven wherever possible. • During construction, all lose debris shall not be allowed to enter the wetland or waterways. • Any excess material that is excavated from the job site shall be disposed of at a location approved by the Conservation Administrator. • A "work limit" line shall be established with haybales, silt fence or both. The Conservation Administrator shall make this final determination of which material shall be provided and the extent of such material. • The proposed pier shall be designed to allow for adequate public passage either above or below the structure between Mean high and Mean Low water lines • During the non -boating season any floats or ramps shall be stored above the mean high water lines. Pier components shall not be stored upon salt marsh areas under any circumstances. • Pilings can be made of CCA construction but the structure shall be ACQ • Confirm size of float and float stops to be installed how far off the bottom? Float is 192 square feet, Float stops shall be installed on the proposed float to insure 3 feet from the bottom at low tide , v.rirAl e : "eF,-1e(A • When will shellfish be removed? Shellfish removed prior to dredging and piling installation; All shellfish within the footprint of the proposed structure shall be removed under the direction of the Natural Resource Department at the applicant's expense. Anv further work is intended or enlarged, the annlicant would have to refile with Waterways, Commission, and Chapter 91, especially any extensions of the pier towards the channel or enlargement of the float, or other alterations to the presently approved situation and structure would be unacceptable since the area in questions is a very restricted area of the Bass River and any alterations to the structure would pose a risk to navigation. • When will dred ig_n o� Dredging time of year restriction on all in -water work from January 15 to May 31 to protect spawning winter flounder and demersal eggs or unless otherwise recommended by the Division of Marine Fisheries and a copy is submitted to the Conservation Commission. project shall use pilling constructed of CCA and other structures constructed of ACQ • the design engineer will certify, with an as -built plan, that this project has been completed in accordance with the above Order of Conditions before the Certificate of Compliance will be issued • The approved plan is Proposed Pile Supporting Pier with Ramp and Pile Head Float With Dredging in Bass River at 66A River Street, South Yarmouth, MA, revise date 1/19/2012 prepared by Cape Cod Engineering, stamped by Robert Perry When will the erosion controls/work limit area be installed?, need to be notified Dredging access by barge - �) ee3 • Describe dewatering: via barge to upland path, when will it be done? • 2 pilings proposed but in Chapter 91 the plan shows 3 pilings. (Or',e ACV 6c4vre CCniC�r., ��e�q� �C9 �,on� tY'1c9�ir►i��s rnC�ve � � �FCI�e. '{-h'� ��� V � 0 a J r � r 1 Yarr,-outh Conservation Commission JAN 19 2017 RECEIVED 0 All :r Yarmouth Conservation Commissi JAN 19 2017on RECEIVED FIT Yarr,outh Ccnservaticn Cc rnission 19 202 :.v RECEI�i� w r- DEPARTMENT OF ENVIRONMENTAL PROTECTION WATERWAYS REGULATION PROGRAM Notice of License Application Pursuant to M. G. L. Chapter 91 Waterways License Application Number W12-3527 Jeffrey Chizmas NOTIFICATION DATE: April 6, 2012 Public notice is hereby given of the waterways application by Jeffrey Chizmas to construct and maintain a pier, ramp and float with dredging at 66A River Street, in the municipality of Yarmouth, in and over flowed tidelands of Bass River. The proposed project has been determined to be water -dependent. The Department -will consider all -written comments.on this Waterways application received within 30 days subsequent to the "Notification Date". Failure of any aggrieved person or group of ten citizens or more to submit written comments to the Waterways Regulation Program by the Public Comments Deadline will result in the .waiver of any right to an adjudicatory hearing in accordance with 310 CMR 9.13(4)(c). Additional information regarding_ this. application may be obtained by contacting the Waterways Regulation Program at (508) 946-2748-. Project plans and documents -for this - application are on file with the Waterways Regulation Program for public viewing, by appointment only, at the address below. Written comments must be addressed to: David E. Hill, Environmental Engineer, DEP Waterways Regulation Program, 20 Riverside Drive, Lakeville, MA 02347. PARCEL 33 - -- -- - - -----MICHAEl- SHAY - 25 GOODINGS END YARMOUTH, ME S 50. 14 04096-6102 40 227't I I CO PROF�OSED 4 1 5 WIDE I WALK ( IQ cc,\ J 1 0 CO _ /EX. ( ( DEWATERING I i o � STEP ( I DEPRgSSION _ I � TH A jot I Q I I. 8 v I I U � 1 I lr:.D I m / I 'ozw a PARCEL 38 / 25911 gi HOWARD W. COWEE / / (• P E c/o JONATHAN WOOD 82A-RIVER STREET -- (• "' SIGN S. YARMOUTH, MA 02664 PLAN 75 15 30 PLAN TO ACCOMPANY PETITION OF JEMEY CHI',.- MAS TO CONSTRUCT AND MAINTAIN A PIER, RAMP, AND FLOAT WITH DREDGING IN BASS RIVER AT 66A RIVER STREET S., YARMOUTH, MA FEB. 3, 2012 SCALE: 1 "=30' PREPARED BY CAPE COD ENGINEERING., INC. ROBERT M. PERRY, PE P.O. BOX 1517 EAST DENNIS, MA 02641 508-385-1445 . SHEET 1 OF 2 ' SHORE DR.Y. a' NAN N'KET SOUND LOCUS YARMOUTH M �• LOCUS N NOT TO SCALE I PROPOSED 4' ( WIDE PIER ( 6�••� I-�, I I I ( PROPOSED I 1� I I 6'A_ I PIER - SEGMENT to Im � R OSED 1 1 1 Q 3'x1 ' RAMtXISTNG •.• 1 1 m 1 STONES OR G ho &tt OF/ I W/ RING I N/yf� / I I PROPOSED SILTATION PROPOSED • CgRTAIN TO BL IDREDGE AREA � I DE LWED DURING II o I ID WING WORK- I ;`moo • � I I i NOTES: 1. ELEVATIONS REFER TO MLW=0.0 DATUM 2. DEP FILE #SE83 - 1913 BASS RIVER : w ¢ OJ a J 0 Q. a. o V- II � -- - -- 4- X - - U 0_ 00 , r U L o � c �Z. - [_ ¢ I w J � �Q c a_ O � Q w_X Q_ M *< ao f' Z W co 0. %fi ¢_ m "'t e "yc J_ o Y - <, �� O 7j> r �- F-1J Q � O LV O > CQL 1 w` yr =-12' MIN.--� Q w g- I, 1 ra C O O CL m 2, aQ 3 : 7i 0= N Y O (n J U)_ 0 ¢� w 4' MIN' ,1= 0 cn Lnn� oa � �w¢� cn O- O J V) y 0- U J¢ V.c - III III �:� PLAN TO ACCOMPANY PETITION OF JEFFREY CHIDJAS TO CONSTRUCT AND MAINTAIN A PIER, RAMP, AND FLOAT WITH DREDGING IN BASS RIVER AT 66A RIVER STREET S. YARMOUTH, MA FEB. 3, 2012 SCALE: AS SHOWN CL J_ Q co X N X M. T o _ / LLI ¢ a 00 d J xQ M m PREPARED BY CAPE COD ENGINEERING.,, INC. ROBERT M. PERRY, PE P.O. BOX 1517 EAST DENNIS, MA 02641 508-385-1445 -J a 2OF2. ! 1� 3 fy l 2 Ge r�,u.Q. �5rt �cT Q�n;zme' (3) On -Site Requirements (a) All proposed structures will require staking. (b) On -site staking must be in place by noon on the Friday prior to the hearing date. (c) Lot numbers must be posted and easily visible on vacant properties. (d) If a building currently exists on the property, its identifying number or house number must be easily visible. (e) The edge of each "Resource Area" relevant to the project will require staking or flagging. Stakes and flags shall be numbered in sequence and identify in writing "Resource Area" types as they appear in Parts 2 and 3 of these regulations. (4) General Requirements (a) Docks and Piers b,� \aw aeds iers shall be constructed to minimize the blocking of sunlight to shellfish and grasses. Piers should have planks running across the width with minimum spaces of approximately % inches between planks, and be a CC!" maximum of four feet wide.,f .\ �'i 1,r,& (2) Piers shall not require the elimination of existing public or commercial _ ; O moorings. Piers and or vessels moored thereto shall not project into or har­,` impede navigation to and from mooring areas. The space required to navigate the applicant's vessel to and from the pier shall be taken into account, in addition to the structure itself. The same considerations also apply to the impeding of navigation in the vicinity of town landings, docks and commercial marinas, as well as the impact on town beaches and swimming areas. (3) Piers shall not project into waters normally used for navigation, meaning marked navigational channels. ✓ (4) Public rights of passage of foot across the beach in the intertidal zone, where permitted for purposes of fishing and fowling under the Public Trusts Doctrine of the Colonial Ordinance, shall be maintained. 19 v (5) he(Lasef the pier shall be as close as possible to the center line of the lot, and it shall project outwards at an angle as nearly perpendicular to the shoreline as possible. (6) The project plans and documentation shall include the following: (a) Soundings within 100 feet of the pier. 4b) Eel grass beds within 100 feet of the project. J(c) Marked navigation channels within 100 feet of pier. ., (d) Approximate shoreward boundary of any existing public or commercial mooring areas, within 100 feet of pier. A recent aerial photograph taken during the summer boating season may be used for this purpose if desired. �4e) Location of existing town, commercial or private piers, Town Landings and beaches within 100 feet of pier. #) Shellfish beds within 100 feet of project, (data to be obtained from Town of Yarmouth Natural Resources Department). (7) Lights on piers, except lights necessary for safe navigation, shall be directed downwards and shielded so as not to impair vision of persons navigating in the area, and to avoid disturbing abutting property owners and potentially disrupting wildlife behavior. 4$(8) The project shall be clearly identified and staked or marked with a buoy at pier end, at the time of submission, so that town personnel may inspect the site. j�(9) A brief narrative describing the implementation of the project including methods of approach by construction equipment. /(10) A shellfish survey conducted by a qualified marine or shellfish biologist including written results and methods. Al 1) "Shared -use" proposals, (i.e. a single pier/dock to be jointly owned and used by two or more shorefront property owners either contiguous or not) are generally to be encouraged as a way of preserving access by shorefront property owners while reducing the overall number of docks and piers that might be otherwise permitted. i.;A n(12) Maximum length of a dock, pier and float configurations shall not be 20 T greater than 80 feet from Mean High Water. In addition, the water depth at the farthest point of the dock and associated floats from shore shall be ' no less than 3 feet at Mean Low Water, and this minimum depth must be available between the proposed structure and navigable channels duringt a Mean Low Water. X XI 3) New proposed docks, piers and floats shall not be allowed within: /(a) Seventy-five feet, (75 ft.), of adjacent docks, piers and floats with the exception marinas. /(b) On hundred feet, (100 ft.), of a navigable channel or boat mooring. fc) Two hundred fifty feet, (250 ft.), from a public boat ramp, public landing, or public swimming beach. 14) All float configurations shall not exceed 200 square feet, with the exception of shared -use proposals. 5) Proposed expansion of existing docks, piers and floats shall only be allowed where there is no encroachment into navigable channels, mooring areas, or public swimming beaches. In addition, proposed expansion shall not occur beyond 80 feet from Mean High Water as outlined above. ✓(16) If treated lumber is used as a construction material, only non -leaching types of preservatives shall be allowed. /17) Not withstanding these criteria, certain areas shall be designated "No Dock/No Mooring Zones". "No Dock" and "No Mooring Zones" are depicted on Yarmouth GIS maps #'s 1 thru 7 entitled "Yarmouth Conservation Commission, No Dock/No Mooring Areas" and dated March 27, 2003. W�(18) Notwithstanding section 1.09, 4, a, 1 thru 19, public projects that enhance fishing, fowling and navigation may be allowed on a case by case basis when an overriding public benefit has been demonstrated. /0 9) Existing legal docks and piers that are destroyed by natural causes may be re -constructed to their original specifications as approved by the Conservation Commission and or the D.E.P. Chapter 91 Waterways License requirements. Such re -construction must be filed for in the form of a Notice of Intent within 3 years of the damage in order to qualify for re -construction. (b) Dredging 21 (1) Where any dredging is proposed, information regarding the depth, area, rc, �,y. — volume and quality of material to be removed, and the impact on animal and plant life, shall be provided. (a) Supply sediment size and type and direction of littoral drift. V (b) Location of shellfish beds, (data to be obtained from Town of Yarmouth Natural Resources Department). (c) A shellfish survey conducted by a qualified marine or shellfish biologist including written results and methods. (d) Location of eel grass beds. -/ (e) Effects on wave attack including height, angle and velocity. (f) Existing navigation channels within 100 feet of area to be dredged.j (g) Soundings within 100 feet of area to be dredged. ✓ (h) Location of existing public piers, private piers, public landings, " public beaches and private beaches within 100 feet of the area to be dredged. (i) Turbidity control plan.4 )) Proposed time table., (c) Setbacks (1) Notwithstanding section 2 below, no new structures, (with the exception of water dependent structures), will be allowed within 50 feet of the following Resource Areas: (a) Coastal Dunes (b) Coastal Banks (c) Coastal Beaches (d) Salt Marshes (e) Inland Banks (f) Vegetated Wetlands 22 CAPE COD ENGINEERING, INC. Robert M. Perry, P.E. P.O. Box 1517 East Dennis, MA 02641 Te1508-385-1445 / Fax 508-385-1446 bobperry@capecod.net March 26, 2012 Town of Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664-4492 Yarmouth Conservation Commission MAR 3 0 2017 R=vED Re: DEP WRP Public Notice of Chapter 91 Waterways License Application No. W12-3527; 66A River Street, South Yarmouth; Jeffrey Chizmas Enclosed please find a Public Notice for DEP Chapter 91 Waterways License Application No. W12-3527 and a copy of the project site plans to construct and maintain a pier, ramp and float with dredging at 66A River Street, South Yarmouth for your review. This information is being provided to you per DEP regulation 310 CMR 9.13(1)(a). Sincerely, Cape Cod Engineering, Inc. Robert M. Perry, P.E Commonwealth ofMa ssa ch usetts Division of Marine Fisheries 9) 1213 Purchase St. 3rd Floor New Bedford, MA 02740 Paul J. Diodati (508) 990-2860 Director fax (508) 990-0449 April 25, 2012 Mr. David Hill, Environmental Engineer Department of Environmental Protection 20 Riverside Drive Lakeville, MA 02346 Re: W 12-3527 Dear Mr. Hill: Deval Patrick Governor Timothy P. Murray Lt. Governor Richard K. Sullivan, .lr. Secretary Mary B. Criftin Commissioner The Division of Marine Fisheries (MarineFisheries) has reviewed the Waterways License Application by Jeffrey Chizmas, 66A River Street, to dredge 50 cy of sand and construct a pile - supported pier, ramp, and float on the Bass River in the Town of Yarmouth. Potential impacts to marine fisheries resources and habitat are outlined below. This area is mapped as shellfish habitat for bay scallop (Argopecten irradians), quahog (Mercenaria mercenaria), and soft shelled clam (Mya arenaria). Mapped land containing shellfish is deemed significant to the interest of the Wetlands Protection Act and the protection of marine fisheries. The Bass River also provides spawning and foraging habitat for a variety of diadromous species including alewife (Alosa pseudoharengus), white perch (Morone americana), and tomcod (Microgadus tomcod). Salt marsh (Spartina patens) vegetation, an important habitat for a variety of fish and invertebrate species [ 1 ], is also present within the site. MarineFisheries has identified the Bass River as spawning habitat for winter flounder (Pseudopleuronectes americanus). Winter flounder enter this embayment and spawn from January through May, laying clumps of eggs directly on the substrate. These demersal eggs hatch approximately fifteen to twenty days later. The Atlantic States Marine Fisheries Commission has designated winter flounder spawning habitat as "Habitat Areas of Particular Concern" (HAPC). A recent stock assessment has determined that the Southern New England/Mid Atlantic winter flounder stock is at only 9 % of the recommended recovery level and is considered nearly depleted [2]. Every effort should be taken to protect flounder spawning habitat. MarineFisheries offers the following comments for your consideration: • In addition to a 1:1 height to width ratio, grating should also be considered as a secondary measure to further promote light penetration [3] for the section of the proposed pier overlying salt marsh. • The float should be elevated above the substrate by at least 2 '/2 feet to minimize impacts to underlying shellfish and benthic habitat [3]. If necessary, float stops can be used to maintain this buffer between the bottom of the float and the underlying substrate. While CAPE COD ENGINEERING, INC. Robert M. Perry, P.E. P.O. Box 1517 East Dennis, MA 02641 Tel./Fax 508-385-1445 / Fax 508-385-1446 bobperry()capecod.net February 21, 2012 Yarmouth Conservation Department 1146 Route 28 South Yarmouth, MA 02664 RE: 66A River Street, S. Yarmouth, SE 83-1913 Enclosed please find the Order of Conditions recording information page for Jeffrey Chizmas' dock project at 66A River Street for DEP file number SE 83-1913. Please contact our office should you have any questions. Sincerely, Cape Cod Engineering, Inc. Nancy Keith 4 . ? Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 G. Recording Information Provided by MassDEP: SE83-1913 MassDEP File # eDEP Transaction # Yarmouth City/Town Prior to commencement of work, this Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on this page shall be submitted to the Conservation Commission listed below. Yarmouth Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and subm' tion Commission. Yarmouth Conservation -----Gon7missivn------ To: "— I Yarmouth Conservation Commission Please be advised that the Order of Conditions for the Project at: I R E C E I V E D 66A River Street Project Location Has been recorded at the Registry of Deeds of: for: SE83-1912 MassDEP File Number Barnstable County I'. k Boc2 61D 9 4 IF• :q aPgk -10rL 9 2 6 4 Jeffrey Chizmas rJ2-21 —20 12 & 02 = 04o Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc • rev. 05/19/2010 Page 12 of 12 Conservation Commission Meeting Minutes January 19, 2012 Members Present: David D. Flaherty, Jr., Chairman, Ed Hoopes, Hugh March, Tom Durkin, Phil Johnston Members Absent: Joan Carr, Gerry Duffy Staff: Kerry Muldoon, Conservation Administrator Notice of Intent: (Con 1/5/12) Allan Wang. 12 Swordfish Drive, South Yarmouth, MA Roy Okurowski, Coastal Engineering was present at the meeting and presented the green cards. He is proposing to replace a 188 foot long wooden bulkhead with a vinyl bulkhead within the same footprint. He proposed to work in sections to make sure the Resource Area is protected. The wall will fail otherwise. The work will be behind the pilings. Mr. Okurowski reread the construction protocol as stated in the Notice of Intent application. Commissioner Hoopes asked if the shed will be removed and the representative stated it might be able to stay if the workers can get by. The project has a current Chapter 91 license number (6075). Chairman Flaherty read a letter from DEP dated 1/4/2012 (File number SE83-1912), letter from Waterways/Shellfish Advisory Committee dated 1/17/2012 and the Division of Marine Fisheries dated 1/4/2012. Ms. Muldoon recommended the following conditions: all work shall be done from the upland side of the project site, all construction materials shall be stored on the upland, and erosion controls shall be used to ensure sediment does not enter the waterway. Commissioner March made a motion to approve the Order of Conditions with the following numbers 1-6, 7, 8, 9, 14, 15, 16, 18. Plans for approval are Allan Wang at 12 Swordfish Drive Plan Showing Proposed Bulkhead Repair, dated 11/30/2011 prepared by Coastal Engineering, stamped by Roy E. Okurowski. Seconded by Commissioner Durkin. All in favor. Motion passes. Approved Document: Allan Wang at 12 Swordfish Drive Plan Showing Proposed Bulkhead Repair, dated 11/30/2011 prepared by Coastal Engineering, letter from Division of Marine Fisheries dated 1/4/20112, letter from Waterways/Shellfish Advisory Committee dated 1/17/2012 2. (Con `1115) Jeffrey Chizmas, 66A River Street, South Yarmouth, MA Bob Perry was present at the meeting. DEP issued a file number, SE83-1913. Mr. Perry informed the Commission they have made minor changes to show dewatering area and vegetation. Chairman Flaherty read the letter from DEP and stated it will need a Chapter 91 license and asked if that has been applied for yet. Mr. Perry stated it will be in the process but a water quality certification will not be required because they will disturb less than 5,000 square feet of wetlands and they are only proposing to dredge 50 cubic yards. Mr. Perry indicated siltation barriers will be placed around the work area. Ms. Muldoon stated the applicant meets the requirements within the regulations and restated the recommendations from the Waterways Committee and from the Harbor Master. The Commission has a letter from the town of Dennis that the mooring will be moved; that was discussed at the previous hearing. Robert Lavangie of 31 Turtle Cove Road informed the Commission he is a licensed boat master and stated the dock will be an improvement on the River and the Town of Dennis Harbor Master is a man of his word and he will stand by his letter. Ms. Muldoon stated she recommends following the recommendations from Division of Marine Fisheries. Roy Orlaskwi, Coastal Engineering, stated 99% of the pilings in Bass River are Greenheart certified. Chairman Flaherty stated the pilings can be made of CCA construction but the structure shall be ACQ. Commissioner Hoopes asked how large the float is and if it meets the 200 square feet limit. The float is 192 square feet and they are almost at the maximum for the float and Chairman Flaherty stated we can repeat that condition in the Order to comply with Waterways. The Commission stated if any further work is untended, the applicant would have to refile with Waterways, Commission, and Chapter 91, especially any extensions of the pier towards the channel or enlargement of the float, or other alterations to the presently approved situation and structure would be unacceptable since the area ini questions is a very restricted area of the Bass River and any alterations to the structure would pose a risk to navigation. Commissioner Durkin approved a motion to approve the Order of Conditions with numbers 1-6, 9, 14, 15, 17, 19, 20, 21, dredging time of year restriction on all in -water work from January 15 to May 31 to protect spawning winter flounder and demersal eggs or unless otherwise recommended by the Division of Marine Fisheries and a copy is submitted to the Conservation Commission, float stops shall be installed on the proposed float to insure 3 feet from the bottom at low tide, project shall use pilling constructed of CCA and other structures constructed of ACQ, any further enlargements of the project will require a new filing, shellfish removed prior to dredging and piling installation, the design engineer will certify, with an as -built plan, that this project has been completed in accordance with the above Order of Conditions before the Certificate of Compliance will be issued. The approved plan is Proposed Pile Supporting Pier with Ramp and Pile Head Float With Dredging in Bass River at 66A River Street, South Yarmouth, MA, revise date 1/19/2012, prepared by Cape Cod Engineering, stamped by Robert Perry. Seconded by Commissioner March. All in favor. Motion carries. Approved Document: 1. Proposed Pile Supporting Pier with Ramp and Pile Head Float with Dredging in Bass River at 66A River Street, South Yarmouth, MA, revise date 1/19/2012, prepared by Cape Cod Engineering, stamped by Robert Perry 2. Letter from Division of Marine Fisheries dated 12/19/2011 3. Letter from Waterways Committee 1/4/2012 4. Letter from Harbor Master 1/4/2012 3. (Con't 11/17, 12/19 12/15. 115) Joseph Freehling. 21 Ridgewood Drive. Yarmouthport. MA Chairman Flaherty read a letter from Kristen Black of Natural Heritage Endangered Species program dated 1/18/2012. Ms. Muldoon stated she visited the site to determine where the 35 foot No Disturb Zone line and it proves to show within that area, there were at least 20 trees/shrubs removed and she recommended everything within the 35 feet, including float, boat, picnic table, fire pit, tote, the stairs, to return the slope to pre -disturbed conditions by submitting an approved landscape plan with the recommendations from Heritage and further recommendations from Conservation Commission. Also, a two year monitoring reports shall be included in the restoration plantings, the report will document the established of at least 75 coverage of indigenous plants within the restoration area. Three reports are required, one at the completion of the restoration area, and one at the end of the first growing seasons. The Commission reserves the right to request additional seeding or plantings to guarantee the success of the replication. The reports shall also document the presence of invasive species and recommend control methods. Chairman Flaherty stated the Commission will need a better landscape plan. Mr. Freehling stated he understood. Chairman Flaherty asked if any offsite material was brought in. Mr. Freehling stated defiantly not, he did not bring in any additional material. The ground cover plants were taken out by the roots. Chairman Flaherty asked how many trees were removed. Mr. Freehling stated there were no trees removed; the area was filled with English Ivy, rambles, thorns etc. Commissioner Durkin stated he personally counted 20 stumps that were removed from Mr. Freehling' s property. Chairman Flaherty read a section of the Wetland Protection Act preface under the 2005 revision under general approach, page 317 regarding Buffer Zone clearing and soil disturbance into the record. Chairman Flaherty stated the area needs to be restored. The invasive species, English Ivy can be replaced with a native species ground over and stated at least Phase I should be done no later than March or April with one monitoring report at the finish of the first and consecutive phases. Chairman Flaherty stated the area needs to be restored as close as it can and a better delineation of a work limit line. Ms. Muldoon stated the stairs need a building permit as well. Ms. Muldoon stated the Commission cannot issue a wetland permit until NHESP responds with a letter to the proponent, copies to the Commission, the letter may either declare the project will do no harm, set conditions (such as time of year for all the work), or rule that the proposed work will "take" a rare species . Ms. Muldoon also stated the float needs to be removed and the Commission agreed the float needs to be placed in the driveway. The stairs are within the 35 foot Buffer. Commissioner Hopes asked if the pilings for the stairs were on the ground or put in the ground, Mr. Freehling stated they were put in the ground. Chairman Flaherty stated there are a lot of unresolved issues regarding the property and the Commission needs to see more compliance. Commissioner Hoopes stated the Commission hasn't approved the stairs or the location of the stairs yet, and then the applicant can go the Building department. Chairman Flaherty asked why the fieldstone buttress wall was being proposed if there was no erosion problem onsite and the plantings will do the same thing. Commissioner Johnston stated the area needs to be returned back to the original state. Mr. Peter Smith, abutter to Mr. Freehling, stated there are springs located in the pond that abuts his property and it is a critical part of the preservation of Perch Pond. He also stated the plantings shall be the same size of the trees that were removed. Chairman Flaherty read the letter from Jeffery and Cynthia Smith dated 1/9/2012. The Commission viewed a pictures of the tree canopy taken from Google Earth dated 2011 and Commissioner Hoopes stated there was a solid green buffer around the pond and that is not what is there now. Commissioner Hoopes asked if there was a cut into the slope and where did the sand from the hill go, He asked if the sand was thrown down on the beach. Chairman Flaherty stated the area needs to be restored and have the requirements from NHESP, and 20 trees to be replaced as close to the previous ring size, no saplings. Judy Smith, abutter to the property stated a local tree company removed the trees from the site and will they be penalized. Chairman Flaherty stated it is the homeowner's responsibility to acquire the correct permit. Commissioner Durkin stated Enforcement is onto the property owner, enforcement is punished by a fine of not less than $100 or more than $300 for each violation and, in addition, not less than $300 for each subsequent violation. Commissioner Hoopes stated the fees on the federal law are at least tens of thousands of dollars. Chairman Flaherty stated to keep the existing stairway outside the 50 foot buffer, eliminate the first section, than put in landscape ties with appropriate intervals with an appropriate landing then to regrade to eliminate the wall and allow for replanting. The Commission viewed a photographed of the float and a wood pile. Commissioner Hoopes asked if the wood pile was from the trees that were cut down. Mr. Freehling stated no. Chairman Flaherty and Commissioner Hoopes had concerns with the float. Mr. Smith stated the pond is about 16 feet deep in the middle. Commissioner Hoopes stated a float is supposed to float, not act as a dock and there needs to be enough water at the bottom of the float and the bottom of the pond at all times, given the size of the Pond. Mr. Peter Smith, abutter to the property stated he is concerned with the Conservation of Perch Pond. He stated it is a major intrusion to have such a large float on the Pond. Chairman Flaherty stated the bank needs to be restored as stated per NHESP, the plantings performed to NHESP and Con/Com approval, the plantings done no later than March or April or whatever or recommended by NHESP, the species approved by NHESP. Chairman Flaherty stated the wall and the stairs does not have to be there in his opinion, the problem can be resolved with regrading and planting. A pathway can be done to the pond without a structure. The Commission stated all requested information shall be sent to Natural Heritage as soon as possible and to use the suggestion of Natural Heritage. The Commission will need to see a work limit line, buffer zone line (35, 50, 100 buffer zone line), a revised plan showing two separate windows showing current as -built and proposed conditions as recommended by the Commission and NHESP, alternative to the stone wall, i.e. regrade and replant, invasive species control included in the plan (English Ivy to be replanted with native species). Commissioner Hoopes asked for all items in the 35 foot buffer be removed (float, boat, picnic table, fire pit, tote,) shall be removed by Monday January 23, 2012 at the end of the working day, as well as the float to be removed to the top of the driveway by January 26, 2012. Commissioner March made a motion to continue the hearing until February 2, 2012. Seconded by Commissioner Durkin. All in favor. Motion passes. Updates to the Commission: 1. Proposed Landscape Guidelines: The Commission briefly discussed the idea to create guidelines for landscape maintenance. This topic was continued to the next regularly scheduled meeting. 2. Proposed Eagle Scout Project: The Commission was informed about an Eagle Scout project that will involve a partnership with the Division of Natural Resources. The proposed work will be at Crab Creek. The Commission was very excited to hear about the project and recommend the applicant to file a Request for Determination for the project. 3. Ancient Cemetery: The Commission was updated to the most recent activity. Boulders have been placed, debris piles have been removed, and no dumping signs were installed. 4. Violation Letters: The Commission was informed of violation letters that were recently sent to homeowners regarding wetland violations. Commissioner March made a motion to adjourn the meeting. Seconded by Commissioner Durkin. All in favor. Motion passes. I 11 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands SE83-1913 WPA Form 5 - Order of Conditions MassDEP File # Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction If Town of Yarmouth Wetland By -Law, Chapter 143 Yarmouth City/Town A. General Information Please note: Yarmouth this form has I From: been modified Conservation Commission With added 2. This issuance is for space to a. ®Order of Conditions b. ❑ Amended Order of Conditions accommodate (check one): the Registry of Deeds 3. To: Applicant: Requirements Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Q Jeffrey a. First Name Chizmas b. Last Name c. Organization 2401 Lewis O'Gray Drive d. Mailing Address Saugus MA 01906 e. Cityfrown I. State g. Zip Code 4. Property Owner (if different from applicant): a. First Name c. Organization d. Mailing Address e. City/Town 5. Project Location: 66A River Street a. Street Address Map 43 c. Assessors Map/Plat Number d. Parcel/Lot Number 41 d39m21 s 70d 11 m49s Latitude and Longitude, if known: d. Latitude e. Longitude b. Last Name f. State g. Zip Code South Yarmouth b. City/Town Lot 37 wpaform5.doc • rev. 05/19/2010 Page 1 of 12 4 LlMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands SE83-1913 WPA Form 5 — Order of Conditions MassDEP File # Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction # Town of Yarmouth Wetland By -Law, Chapter 143 Yarmouth City/Town A. General Information (cont.) 6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Barnstable a. County b. Certificate Number (if registered land) 24340 106 c. Book d. Page 12/22/2011 1 /19/2012 1 /30/2012 7. Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Proposed Pile Supporting Pier with Ramp and Pile Head Float with Dredging in Bass River at 66A River Street, South Yarmouth, MA a. Plan Title Cape Cod Engineering, Inc Robert Perry b. Prepared By c. Signed and Stamped by 1/19/2012 1' = 30" d. Final Revision Date e. Scale Letter from Division of Marine Fisheries; Yarmouth Waterways Committee, 12/19/2011; 1/4/2012; Yarmouth Harbor Master 1/4/2012 f. Additional Plan or Document Title g. Date B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above -referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act (the Act). Check all that apply: a. ❑ Public Water Supply d. ❑ Private Water Supply g. ❑ Groundwater Supply b. ® Land Containing Shellfish c* e. ® Fisheries f. ® Prevention of Pollution ® Protection of Wildlife Habitat h. ❑ Storm Damage Prevention I. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. wpaform5.doc- rev.05119/2010 Page 2 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands SE83-1913 WPA Form 5 — Order of Conditions MassDEP File # Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction # Town of Yarmouth Wetland By -Law, Chapter 143 Yarmouth City/Town B. Findings (cont.) Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project 0 disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a. linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank 5. ❑ Bordering Vegetated Wetland s. ❑ Land Under Waterbodies and Waterways 7. ❑ Bordering Land Subject to Flooding Cubic Feet Flood Storage 8. ❑ Isolated Land Subject to Flooding Cubic Feet Flood Storage 9. ❑ Riverfront Area Sq ft within 100 ft wpaform5.doc • rev. 05/192010 a. linear feet b. linear feet c. linear feet a. square feet b. square feet c. square feet a. square feet b. square feet c. square feet e. c/y dredged f. c/y dredged a. square feet b. square feet c. square feet v...uun. wvr a. square feet c. cubic feet a. total sq. feet c. square feet uuull! Itmt b. square feet d. cubic feet e. cubic feet b. total sq. feet d. square feet e. square feet d. square feet d. square feet d. square feet h. cubic feet f. cubic feet f. square feet Page 3 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5.— Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 Provided by MassDEP: SE83-1913 MassDEP File # eDEP Transaction # Yarmouth Citylrown Sq ft between 100- 200 ft g. square feet h. square feet i. square feet j. square feet B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement io. El Designated Port Areas Indicate size under Land Under the Ocean, below 11. ® Land Under the 900 900 Ocean a. square feet b. square feet 50 50 c. c/y dredged d. c/y dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ® Coastal Beaches 160 160 cu yd Cu yd a. square feet b. square feet c. nourishment d. nourishment 14. ❑ Coastal Dunes cu yd cu yd a. square feet b. square feet c. nourishment d. nourishment 15. ❑ Coastal Banks a. linear feet b.linear feet 16. ❑ Rocky Intertidal Shores a. square feet b. square feet 17. ❑ Salt Marshes a. square feet b. square feet c. square feet d. square feet 18. ❑ Land Under Salt Ponds a. square feet b. square feet c. c/y dredged d. c/y dredged is. ® Land Containing 900 900 Shellfish a. square feet b. square feet c. square feet d. square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 21. ® Land Subject to Coastal Storm Flowage a. W y U. wyw Oen a. ayuaro wot b. c/y dredged 350 b. square feet wpaform5.doc • rev. 05/19/2010 Page 4 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 B. Findings (cont.) project is for 22. ElRestoration/Enhancement *: the purpose of restoring or enhancing a a. square feet of BVW b. square feet of salt marsh wetland resource area 23• ❑ Stream Crossing(s): in addition to the square footage that a. number of new stream crossings b. number of replacement stream crossings Provided by MassDEP: SE83-1913 MassDEP File # eDEP Transaction # Yarmouth City/Town has been C. General Conditions Under Massachusetts Wetlands Protection Act entered in Section B.5.c (BVW) or The following conditions are only applicable to Approved projects. B.17.c (Salt Marsh) above, 1 Failure to comply with all conditions stated herein, and with all related statutes and other please enter regulatory measures, shall be deemed cause to revoke or modify this Order. the additional 9 rY y amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on 1/30/2015 unless extended in writing by the Department. 7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. wpaform5.doc • rev. 05/19/2010 Page 5 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands SE83-1913 WPA Form 5 - Order of Conditions MassDEP File # Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction # Town of Yarmouth Wetland By -Law, Chapter 143 Yarmouth City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MassDEP"] "File Number SE83-1913 " 11. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition #13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation wpaform5.doc • rev. 05/19/2010 Page 6 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 Commission. Provided by MassDEP: SE83-1913 MassDEP File # eDEP Transaction # Yarmouth City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order (the "Project") is (i) ❑ is not (2) ® subject to the Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards, then the project is subject to the following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post -construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; fi. as -built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; fii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; iv. all post -construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post -construction BMPs is suitably established to withstand erosion. wpaform5.doc - rev. 05119/2010 Page 7 of 12 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 Provided by MassDEP: SE83-1913 MassDEP File # eDEP Transaction # Yarmouth City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement ("O&M Statement) for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and fi.) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post -construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi -Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f) through 18(k) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f) through 18(k) with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wpaformS.doc • rev. 05/19,2010 Pam 8 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: L "' I Bureau of Resource Protection - Wetlands SE83-1913 WPA Form 5 - Order of Conditions MassDEP File # Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction # Town of Yarmouth Wetland By -Law, Chapter 143 Yarmouth City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible parry shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit (as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): wpaf0rm5.doc • rev. 05/19/2010 Page 9 of 12 Massachusetts Department of Environmental Protection il Ll Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 Provided by MassDEP: SE83-1913 MassDEP File # eDEP Transaction # Yarmouth Cityrrown D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The Yarmouth hereby finds (check one that applies): Conservation Commission a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: 1. Municipal Ordinance or Bylaw 2. Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. b. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: Yarmouth Wetland By -Law, Chapter 143 1. Municipal Ordinance or Bylaw 2. Citation 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): See attached text page(s) for Special Conditions wpaform5.doc • rev. 05/19/2010 Page 10 of 12 WPA FORM 5-ORDER OF CONDITIONS SPECIAL CONDITIONS -PAGE 10A OF 12 SE-83- 1913 Jeffrey Chizmas 66A River Street, South Yarmouth, MA The applicant shall be responsible for having a copy of the "Orders of Conditions" on the job site at all times. Failure to do so may result in the revocation of these "Orders", a fine or both. 2. The Conservation Commission, it's agents or assigns, shall have the express right of entry upon the job site at all reasonable times for the purposes of establishing "compliance" with the conditions stated herein. 3. Upon completion of the project, a "Certificate of Compliance" shall be requested in writing. This "Order of Conditions" shall be considered incomplete until the "Certificate of Compliance" is issued and recorded at the Registry of Deeds. The design engineer will certify, with an as -built plan, that this project has been completed in accordance with the above Order of Conditions before the Certificate of Compliance will be issued. 4. Any plan changes whatsoever must be brought to the attention of the Conservation Administrator prior to implementation of such change. Failure to do so may result in the revocation of these "Orders, a fine or both. 5. A pre -construction review shall be arranged by the contractor with the Conservation Administrator. This review shall occur prior to any work. 6. Applicants are reminded that these "Orders" are only valid for 3 years from their date of issue, unless otherwise specifically noted within the "Orders". Extension Permit requests must be applied for at least 30 calendar days prior to the expiration of the original "Orders". Failure to do so will result in a new "Notice of Intent" filing. 7. The pilings shall be hammer driven wherever possible. 8. During construction, all lose debris shall not be allowed to enter the wetland or waterways. Continued .... SE83-1913 WPA FORM 5-ORDER OF CONDITIONS SPECIAL CONDITIONS -PAGE 10B OF 12 SE-83-1913 Jeffrey Chizmas 66A River Street, South Yarmouth, MA 9. Any excess material that is excavated from the job site shall be disposed of at a location approved by the Conservation Administrator. 10. A "work limit" line shall be established with haybales, silt fence or both. The Conservation Administrator shall make this final determination of which material shall be provided and the extent of such material. 11. The proposed pier shall be designed to allow for adequate public passage either above or below the structure between Mean high and Mean Low water lines 12. During the non -boating season any floats or ramps shall be stored above the mean high water lines. Pier components shall not be stored upon salt marsh areas under any circumstances. 13. All shellfish within the footprint of the proposed structure shall be removed under the direction of the Natural Resource Department at the applicant's expense. 14. Dredging time of year restriction on all in -water work from January 15 to May 31 to protect spawning winter flounder and demersal eggs or unless otherwise recommended by the Division of Marine Fisheries and a copy is submitted to the Conservation Commission. 15. Float stops shall be installed on the proposed float to insure 3 feet from the bottom at low tide. 16. The project shall use pilling constructed of CCA and the other structures shall be constructed of ACQ. 17. Any further enlargements of the project will require a new filing. 18. Shellfish shall be removed prior to dredging and piling installation. SE83-1913 LlMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands SE83-1913 I WPA Form 5 - Order of Conditions MassDEP File # Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction # Town of Yarmouth Wetland By -Law, Chapter 143 Yarmouth City/Town E. Signatures This Order is valid for three years, unless otherwise specified as a special 1 — 3©-2p condition pursuant to General Conditions #4, from the date of issuance. 1. Date of Issuance Please indicate the number of members who will sign this form. �— This Order must be signed by a majority of the Conservation Commission. 2. Number of Signers The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. 14 ❑ by hand delivery on Date F. Appeals E? by certified mail, return receipt requested, on j - 3c�-col Date The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act (M.G.L. c. 131, § 40), and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. wpatorm5.doc • rev. 05/19/2010 Page 11 of 12 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 TJ Town of Yarmouth Wetland By -Law, Chapter 143 G. Recording Information Provided by MassDEP: SE83-1913 MassDEP File # eDEP Transaction # Yarmouth Citv/Town Prior to commencement of work, this Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on this page shall be submitted to the Conservation Commission listed below. Yarmouth Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: Yarmouth conservation commission Please be advised that the Order of Conditions for the Project at: 66A River Street Project Location Has been recorded at the Registry of Deeds of: Barnstable County SE83-1912 MassDEP File Number Page for: Jeffrey Chizmas Property Owner Book and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc• rev.05/1"010 Page 12 of 12 LEGAL NOTICE TOWN OF YARMOUTH CONSERVATION COMMISSION The Yarmouth Conservation Commission will conduct public hearings pursuant to the Massachusetts Wetland Act, M.G.L. Chapter 131, Section 40 and the Town of Yarmouth Wetland By-law, Chapter 143, on January 5, 2012 at the Yarmouth Town Offices, 1146 Route 28, South Yarmouth, MA beginning at 7:00 p.m. for the following matters: Notice of Intent: Allan Wang, 12 Swordfish Drive, South Yarmouth, MA To repair existing bulkhead along Parkers River. Jeffrey Chizmas, 66A River Street, South Yarmouth, MA. To construct a pile supported pier, ramp, float and associated dredging in Bass River. Request for Determination of Applicability: James Banno, 134 Mayflower Terrace, South Yarmouth, MA To construct an addition with a full basement to a single family dwelling with the Buffer Zone to Dinah's Pond. Plans and applications for the above may be examined in the Yarmouth Conservation Commission Office, 1146 Route 28, South Yarmouth, MA. Monday thru Friday, between the hours of 8:30 a.m. and 4:00 p.m. David D. Flaherty, Jr., Chairman Yarmouth Conservation Commission YARMOUTH CONSERVATICN COMMISSION X%d APPLICANT: Jere e-��ZmU S DATE: REPRESENTATIVE (if any)%yb �e � GREEN RECEIPTS (circle one) COMPLET INCOMPLETE (explain) LEGAL AD $$ (circle one): PAID NOT PAID (expla n TYPE OF HEARING CIRCLE ONES Notice of Intent (NOI) Request for Determination (RFD opening opening Notice oaf Intent (NOI) Request for Determination (RFD; Continuation continuation DECISION circle ones NOI or RFD Approved Re-9- Denied pas. i) Continued Continued VOTE (list last names) Fors �k.,G) CA, v s FIB � Againsts DISCUSSION (Examples Approval condition3, Denial Keasons, Continuan reasons.) 2,0 4- C C A ACCU 4mr/ C COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTHEAST REGIONAL OFFICE 20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 508-946-2700 DEVAL L. PATRICK Governor TIMOTHY P. MURRAY Lieutenant Governor DATE: January 06, 2012 RE: NOTIFICATION OF Yarmouth Conservation Commission JAN 1 " 201? RECEIVED icipality YARMOUTH (city/town) FILE NUMBER RICHARD K. SULLIVAN JR. Secretary KENNETH L. KIMMELL Commissioner The Department of Environmental Protection has received a Notice of Intent filed in accordance with the Wetlands Protection Act (M.G.L. c. 131, §40): Applicant: JEFFREY CHIZMAS Owner: Address: 2401 LEWIS O'GRAY DRIVE Address: SAUGUS, MA 01906 LOCUS: 66A RIVER STREET This project has been assigned the following file # ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF SUBMITTAL, NOT APPROVAL OF APPLICATION Although a file # is being issued, please note the following: ADDITIONAL REQUIREMENTS: Chapter 91 license may be required. Application and transmittal form are available on the MassDEP website (http://www.mass.gov/dep/water/approvals/wwforms.htm#c9l). If necessary, contact MassDEP Waterways Program at 617-292-5929 for direct mailing or provide information why license is not required. Q-A 401 Water Quality Certification (314 CMR 9.00) may be required. The project qualifies for 401 Certification under the Army Corps of Engineers' General Permit for Massachusetts (MAGP), provided that the project meets certain conditions outlined in 314 CMR 9.03 and 9.04, and the conditions under MAGP. The Technical Guidelines and MAGP are available on the web at http://www.nae.usace.army.mil. Select "Regulatory/Permitting," then select "Massachusetts" under the heading "State Programmatic General Permits," or select "MA River and Stream Crossing Standards: Technical Guidelines" under the heading "Stream Crossings. Based upon the information submitted in and with your Notice of Intent a separate 401 Water Quality Certification application form is not required. Provided that: (a) activities are conducted in compliance with MGL c.131, §40 (the Wetlands Protection Act) and the Final Order of Conditions permitting the activities does not result in the loss of more than 5,000 square feet cumulatively of bordering and isolated vegetated wetlands and Land Under Water and/or the dredging of more than 100 cubic yards of Land Under Water; This information is available in alternate format. Call Donald M. Gomes, ADA Coordinator at 617-556-1057. TDD# 1-866-539-7622 or 1-617-574-6868. http://www.mass.gov/del) 0 R Printed on Recycled Paper YARMOUTH Conservation Commission 1146 Route 28 South Yarmouth YARMOUTH, MA 02664 (b) the Final Order of Conditions requires at least 1:1 replacement of Bordering Vegetated Wetlands pursuant to 310 CMR 10.55(4)(b); (c) the project is not listed in 314 CMR 9.04(1) through (11) including: discharge of dredged or fill material to any Outstanding Resource Water; any part of a subdivision unless deed restricted, so long as the discharge is not to an Outstanding Resource Water see 314 CMR 9.04(3); activities exempt from MGL c.131, §40 (except for normal maintenance and improvement of land in agricultural or aquacultural use); discharge of dredged or fill material to an isolated vegetated wetland identified as rare and endangered species habitat; loss of any salt marsh; activities subject to an individual 404 permit. If impacts to resource areas or project size increases beyond that described in the Notice of Intent or there are discrepancies therein, you must notify MassDEP and request a determination that the criteria of 314 CMR 9.03 have been met before the activity may begin. If you have any questions regarding this letter, please contact: CHRISTINE ODIAGA @ (508)-946-2836 Cc: Yarmouth Conservation Commission, 1146 Route 28 South Yarmouth, Yarmouth, MA, 02664 Representative: Cape Cod Engineering, Inc., PO Box 1517, EAST DENNIS, MA, 02641 This information is available in alternate format. Call Donald M. Gomes, ADA Coordinator at 617-556-1057. TDD# 1-866-539-7622 or 1-617-574-6868. http://www.mass.gov/dep ZO Printed on Recycled Paper aA January 5, 2012 Town of Yarmouth Conservation Committee 1146 Rte. 28 South Yarmouth, Ma 02664 Attn: Kerry Muldoon Sirs, Yarmouth Conservation Commission JAN 0 5 2n17 RECEIVED My name is Joe Tierney and I would like to submit this letter of opposition to the Committee for the proposed dock at 66a River St. in Bass River. The Property is owned by Mr. Jeff Chizmas. The opposition to this pier and float is mainly a navigation issue. Let me give you some background of my experience that may facilitate this concern. I grew up in Yarmouth and had a sailboat with a friend moored right across from the proposed dock as a young adult. That was in 1983 and many things have changed. I have extensive experience boating and sailing on Bass River. I was hired as a seasonal assistant Harbormaster for the Town of Dennis in 1988, and work countless hours patrolling Bass River. For the past 17years I have also worked as an office manager for Ship Shops Marina on Bass River. One of my great duties is to deliver and pick up boats to customers. I have played, worked on Bass River since 1983. I am also a member and chairman of the Waterways/Shellfish committee. I have also moved boats up and down the East coast. I feel that my experience on the river year round gives me the credentials to speak on this proposed project. As many know, Bass River is very unique. The tidal flow, sand bars, moorings, boat traffic and wind all play a part in the navigation of the river. This area from "parkway pier" to just north of this proposed project is very tricky to navigate at times. An outgoing tide and south west wind makes operating a boat difficult for those who are not accustom to this. When operating a boat, the water is not the issue, it is the land and fixed objects that can prove to be harmful. The navigable waters that this dock will take up will hinder navigation on a busy boat traffic day in the summer. Although the dock meets the set back of 100' off the "permitted" channel, boats navigate out of the channel to avoid collisions. Unfortunately, the majority of boat operators use their boats on weekends. This area is navigable water at most tides. Traffic on Bass River on a Sunday afternoon is comparable to rush hour traffic on the South East expressway. The difference is there are no lines or guardrails to keep boaters in line. The presence of a dock in that space will squeeze boaters into a smaller area to operate. Incorporate this with a strong wind or tide or inexperienced boater, it could cause peril. It appears that the proposed dock meets the setbacks set forth in your by-laws. This does not take into account the shifting sand and marshland in that area. Marsh Island is half the size it used to be. If this dock is approved it is there forever. This would be a big mistake for the town to approve a structure in a critical area of Bass River. Ib The waterways committee is charged with preserving the navigable waters of the town. I feel that this was not done at their last meeting. The area to be dredged is also a concern. When you dig a hole at the beach, the sand fills in around it. The tidal flow in that area reaches up to 5 knots at times. Carrying sand and other things with it. This proposed dredge area will be filled to less than the minimum within a year. That area would have to be dredged more often than one thinks. There is a picture of Windmill Beach in 2007 showing a huge beach with people swimming. This sand is now gone. The river changes constantly. With Bass River changing shape year to year, placing a dock in that area would be detrimental to the navigation of Bass River. Please consider all these aspects of this project before rendering a decision. Bass River is the Crown Jewel for many Yarmouth Residents. This project will cause more harm than good for the town. Mark my words. Sincerely, Joe January 5, 2012 Town of Yarmouth Conservation Committee 1146 Rte. 28 South Yarmouth, Ma 02664 Attn: Kerry Muldoon Sirs, Yarmouth Conservation Commission JAN 0 5 2m? RECEIVED My name is Joe Tierney and I would like to submit this letter of opposition to the Committee for the proposed dock at 66a River St. in Bass River. The Property is owned by Mr. Jeff Chizmas. The opposition to this pier and float is mainly a navigation issue. Let me give you some background of my experience that may facilitate this concern. I grew up in Yarmouth and had a sailboat with a friend moored right across from the proposed dock as a young adult. That was in 1983 and many things have changed. I have extensive experience boating and sailing on Bass River. I was hired as a seasonal assistant Harbormaster for the Town of Dennis in 1988, and work countless hours patrolling Bass River. For the past 17years I have also worked as an office manager for Ship Shops Marina on Bass River. One of my great duties is to deliver and pick up boats to customers. I have played, worked on Bass River since 1983. I am also a member and chairman of the Waterways/Shellfish committee. I have also moved boats up and down the East coast. I feel that my experience on the river year round gives me the credentials to speak on this proposed project. As many know, Bass River is very unique. The tidal flow, sand bars, moorings, boat traffic and wind all play a part in the navigation of the river. This area from "parkway pier" to just north of this proposed project is very tricky to navigate at times. An outgoing tide and south west wind makes operating a boat difficult for those who are not accustom to this. When operating a boat, the water is not the issue, it is the land and fixed objects that can prove to be harmful. The navigable waters that this dock will take up will hinder navigation on a busy boat traffic day in the summer. Although the dock meets the set back of 100' off the "permitted" channel, boats navigate out of the channel to avoid collisions. Unfortunately, the majority of boat operators use their boats on weekends. This area is navigable water at most tides. Traffic on Bass River on a Sunday afternoon is comparable to rush hour traffic on the South East expressway. The difference is there are no lines or guardrails to keep boaters in line. The presence of a dock in that space will squeeze boaters into a smaller area to operate. Incorporate this with a strong wind or tide or inexperienced boater, it could cause peril. It appears that the proposed dock meets the setbacks set forth in your by-laws. This does not take into account the shifting sand and marshland in that area. Marsh Island is half the size it used to be. If this dock is approved it is there forever. This would be a big mistake for the town to approve a structure in a critical area of Bass River. The waterways committee is charged with preserving the navigable waters of the town. I feel that this was not done at their last meeting. The area to be dredged is also a concern. When you dig a hole at the beach, the sand fills in around it. The tidal flow in that area reaches up to 5 knots at times. Carrying sand and other things with it. This proposed dredge area will be filled to less than the minimum within a year. That area would have to be dredged more often than one thinks. There is a picture of Windmill Beach in 2007 showing a huge beach with people swimming. This sand is now gone. The river changes constantly. With Bass River changing shape year to year, placing a dock in that area would be detrimental to the navigation of Bass River. Please consider all these aspects of this project before rendering a decision. Bass River is the Crown Jewel for many Yarmouth Residents. This project will cause more harm than good for the town. Mark my words. Sincerely, Joe TO: FROM: TOWN OF YARMOUTH DEPARTMENT OF COMMUNITY SERVICES Natural Resources Division 597 FOREST ROAD WEST YARMOUTH MASSACHUSETTS 02673-2844 TELEPHONE (508) 760-4800 FAX (508) 760-480.5 MEMO Yarmouth Conservation Commission Kerry Muldoon, Conservation Admini Yerrnou� t�Cqnser� n �;Ommission d.p., �r4/ %Il Karl W. vonHone Director/Harborm �_.. Karl W. von Hone SUBJECT: Notice of Intent for 66A River Street, South Yarmouth to construct a pile supported pier, ramp, float and associated dredging DATE: January 04, 2012 DIRECTOR On behalf of myself as the Harbormaster and Director of the Division of Natural Resources, I am reluctant to support the Notice of Intent filed by, Robert Perry of Cape Cod Engineering, on behalf of Jeffrey Chizmas, 66A River Street, South Yarmouth, for the construction of a pile supported pier, ramp, float and dredging. I commend the applicant for their effort in meeting the Yarmouth Wetland By -Law, dock and pier standards, associated with the prescribed water depth under the floating docks distance to abutting dock, swimming beach and the designated navigation channel. The shellfish survey conducted by the applicant's consultant indicates that this area is not highly productive for shellfish and I would generally agree. I do however continue to have concerns with the potential impacts to navigation in this area. • Adjacent Moorings- The applicant has facilitated a meeting with the Town of Dennis Harbormaster and I to discuss the Town of Dennis mooring issues that exist in this portion of the river that ultimately pushes the boat traffic to the westerly side of the channel closer to the proposed dock. The Harbormaster has indicated in a letter his intent on shifting the Dennis moorings eastward out of the current permitted channel. If this is achieved it will be beneficial to those navigating this area however I am not as confident that this shift will occur. • Area conditions- Factors such as current velocity, wind, tide, boat congestion, swimmers, moored boats (etc..) in this portion of the river poses some unique navigational challenges to the power and sail boaters. The dock structure and associated boat will present a visually perceived obstruction within this congested area that will present an additional factor even though it will not extend a great distance out into the waterway. • Future Expansion- If this structure is expanded in the future it will present a physical obstacle to boats navigating in this portion of the river. I strongly support the Waterway Natural Resources Shellfish Animal Control Harbormaster Waterways Shellfish Advisory Committee's (WSAC) recommendation to request a standing order to be placed in the order of conditions that the floating dock may not exceed 200sgft. I would like to expand on that request that the overall structure (pier, ramp and float) be placed under a standing order stating that the proposed structure may not be expanded and recorded as a condition to the permit. Mr. Chizmas did state at the WSAC meeting his intentions was to only place a boat under 24 feet on the dock and had no future desire to expand. It should be stipulated in the order of conditions that float stops be installed on the proposed float to insure that the float remains 3' off the bottom at low tide, shellfish removed prior to dredging and piling installation, and that non -pressure treated pilings be installed. Thank you for your consideration, If you have any further questions concerning the above matter, please contact me at the Natural Resource office, 760-4800. File TOWN OF YARMOUTH DEPARTMENT OF COMMUNITY SERVICES Natural Resources Division 597 FOREST ROAD WEST YARMOUTH MASSACHUSETTS 02673-2844 TELEPHONE (508) 760-4800 FAX (508) 760-4805 Karl W. von Hone MEMO DIRECTOR TO: Yarmouth Conservation Commission Kerry Muldoon, Conservation Administrator FROM: Robert Churchill, Vice -Chairman ./(e Waterways/Shellfish Advisory Committee SUBJECT: Notice of Intent for 66A River Street, South Yarmouth to construct a pile supported pier, ramp, float and associated dredging DATE: January 04, 2012 The Waterways/Shellfish Advisory Committee reviewed the Notice of Intent and associated plan filed by, Robert Perry of Cape Cod Engineering, on behalf of Jeffrey Chizmas, 66A River Street, South Yarmouth, for the construction of a pile supported pier, ramp, float and dredging at a public meeting on December 14, 2011. The project was presented emphasizing that the proposed pile supported pier, ramp, float and dredging meets the standard set forth in the Yarmouth Wetland By -Law. A lengthy discussion over the potential adverse impacts to navigation in this portion of Bass River associated with the natural conditions of wind, tide, strong current, moorings, swimmers and other influences ended with an agreement that several members of the committee and the applicant disagree. Al Keller made a motion to support the proposed pile supported pier, ramp, float and associated dredging upon receipt of revised plans to be approved by Karl von Hone with the following; reduce the float to (1) 8' x 24' float, re -draw the dredge area to provide for a more gradual cut to prevent silt build up request a special order to be placed in the Order of Conditions that the floating dock may not exceed 200sgft. Karl added that standard conditions be placed on the project to include that float stops be installed on the proposed float to insure that the float remains 3' off the bottom at low tide, that shellfish removed prior to dredging and piling installation, and that non -pressure treated pilings be installed. George Lucier seconded the motion. All members voted in the affirmative. If you have any further questions concerning the above matter, please contact us through the Division of Natural Resource office, 760-4800. RC Natural Resources Shellfish Animal Control Harbormaster Waterways N O f 0. .`rooaroRario;.. 1793. Terry Clen, Harbormaster January 4, 2012 Karl von Hone, Harbormaster Town of Yarmouth 597 Forest Road West Yarmouth, MA 02673 Dear Mr. von Hone: Town of Dennis Harbormaster Department Tel: (508) 760-6159 Fax: (508) 394-8309 This is a letter of statement that the Dennis Harbormasters' Department will have (4) moorings shifting easterly in the channel in mooring basin # 1. This year all moorings are to be hauled out for the 3 year out of water mooring inspection. The moorings that will be shifted easterly are: BR 03, 04, 14 and 21. These moorings were currently adjacent to the area that Mr. Jeff Chizmas will Be applying for a pier and floating dock license. My intent was to more these aforementioned moorings regardless of the pending dock application. These moorings, once they are moved, will ease the congestion and impact of the channel on easterly winds allowing for safer transit. We identified the new suggested mooring locations at our meeting with Mr. Chizmas, Mr. Bob Perry, and I at your office. I have checked them via water after the new locations were identified and marked, I can verify that moving these four mooring locations will indeed lessen the impact on that particular portion of the channel. If you have any question regarding this letter please feel free to call me. Respectfully submitted, J mW e&n Terry Clen Harbormaster P.O. BOX 2060 SOUTH DENNIS MASSACHUSETTS 02660 Commonwealth ofMassachusetts Division of Marine Fisheries 1213 Purchase St. 3rd Floor New Bedford, MA 02740 (508)990-2860 fax (508)990-0449 December 19, 2011 Yarmouth Conservation Commission Town Hall 1146 Route 28 South Yarmouth, MA 02664 Dear Commissioners: Yarmouth Conservation Commission DEC ?- 12011 DECEIVED 1 Y Deval Patrick Governor Timothy P. Murray Lt. Governor Richard K. Sullivan, Jr. Secretory Mary B. Griffin Commissioner The Division of Marine Fisheries (MarineFisheries) has reviewed the Notice of Intent by Jeffrey Chizmas, 66A River Street, to dredge 50 cy of sand and construct a pile -supported pier, ramp, and float on the Bass River in the Town of Yarmouth. Potential impacts to marine fisheries resources and habitat are outlined below. While the shellfish survey performed by Craig Whitcomb on August 13, 2010 did not identify any shellfish within the proposed project site, this area is mapped as shellfish habitat for bay scallop (Argopecten irradians), quahog (Mercenaria mercenaria), and soft shelled clam (Mya arenaria). Mapped land containing shellfish is deemed significant to the interest of the Wetlands Protection Act and the protection of marine fisheries. The Bass River also provides spawning and foraging habitat for a variety of diadromous species including alewife (Alosa pseudoharengus), white perch (Moron americana), and tomcod (Microgadus tomcod). Salt marsh (Spartina patens) vegetation, an important habitat for a variety of fish and invertebrate species [1], is also present within the site. MarineFisheries has identified the Bass River as spawning habitat for winter flounder (Pseudopleuronectes americanus). Winter flounder enter this embayment and spawn from January through May, laying clumps of eggs directly on the substrate. These demersal eggs hatch approximately fifteen to twenty days later. The Atlantic States Marine Fisheries Commission has designated winter flounder spawning habitat as "Habitat Areas of Particular Concern" (HAPC). A recent stock assessment has determined that the Southern New England/Mid Atlantic winter flounder stock is at only 9 % of the recommended recovery level and is considered nearly depleted [2]. Every effort should be taken to protect flounder spawning habitat. MarineFisheries offers the following comments for your consideration: The site narrative indicates that "small areas of black grass and Spartina patens exist in places," but salt marsh vegetation is not labeled on the project plans. If any vegetation is present under or adjacent to the proposed walkway or pier, that section should have a height at least as great as the width (l :1 height to width ratio) to increase light availability. The use of grating rather than planking should also be considered as a secondary measure to further promote light penetration [3]. • The float should be elevated above the substrate by at least 2 '/2 feet to minimize impacts to 1 underlying shellfish and benthic habitat [3]. If necessary, float stops can be used to maintain this buffer between the bottom of the float and the underlying substrate. While the proposed dredging activity may meet this requirement, extending the float further towards the channel into water that is naturally of sufficient depth would minimize alteration of existing shellfish habitat. • If a dredging approach is pursued, a time -of -year (TOY) restriction is recommended on all in -water work from January 15 to May 31 to protect spawning winter flounder and demersal eggs. • The construction barge or the boat serving as the accompanying power vessel to the barge could prop dredge shellfish habitat if allowed to operate in water with less than 2' separation between the motor skeg and the substrate. Construction operations should be restricted to greater water depths to avoid potential impacts on benthic habitat. • Spills during refueling of construction equipment may adversely affect this coastal ecosystem. To minimize such impacts, adequate containment and clean up material should be present during refueling. Questions regarding this review may be directed to John Logan in our New Bedford office at (508) 990-2860 ext. 141. Sincerely, John Logan Fisheries Habitat Specialist cc: Robert Perry, Cape Cod Engineering, Inc. Conrad Caia, Shellfish Constable Terry O'Neil, DMF John Sheppard, DMF Christian Petitpas, DMF References 1. Boesch DF, Turner RE (1984) Dependence of fishery species on salt marshes: the role of food and refuge Estuaries 7: 460-468. 2. Northeast Fisheries Science Center (2008) Assessment of 19 Northeast Groundfish Stocks through 2007: Report of the 3rd Groundfish Assessment Review Meeting (GARM I11), Northeast Fisheries Science Center, Woods Hole, Massachusetts, August 4-8, 2008. US Dep Commer, NOAA Fisheries, Northeast Fish Sci Cent Ref Doc. 08-15; 884 p + xvii. 3. Bliven S, Pearlman S (2003) A guide to permitting small pile -supported docks and piers. Massachusetts Department of Environmental Protection, Bureau of Resource Protection, Wetlands/Waterways Program. 28 pp. JL/cp January 5, 2012 Conservation Commission Meeting Attendance Please clearly write your name and your address before you speak at the meeting Name Address YARMOUTH CONSERVATION COMMISSION APPLICANT: j -e DATE OF MEETING REPRESENTATIVE GREEN RECEIPTS: LEGAL AD $$ PAID NOTICE OF INTENT (NO Opening NOTICE OF INTENT (NOI) Continuation NOT PAID (explain) TYPE OF HEARING DECISION: RFD/RDA Approved Neg # De ' Pos. # Continued Continued 1rg�v REQUEST FOR DETERMINATION (RDA) Opening REQUEST FOR DETERMINATION (RDA) Continuation Votes: (list last names) For: Against DISCUSSION: (approval conditions, denial reasons, continuation reasons) L M h "C. D rt ent of Enviroe nmntal Protection Provided by MassDEP: assac use epa m Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent L, I Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Note: Before completing this form consult s your local Conservation Commission regarding any municipal bylaw or ordinance. A. General Information 1 MassDEP File Number Document Transaction Number Yarmouth City/Town Project Location (Note: electronic filers will click on button to locate project site): 66A River Street South Yarmouth a. Street Address b. City/Town 21 Latitude and Longitude: 39/ d. e g d. Latitude 43 37 I. Assessors Map/Plat Number 2. Applicant: Jeffrey a. First Name c. Organization 2401 Lewis O'Gray Drive d. Street Address Sauaus e. City/Town 617-285-1246 g. Parcel /Lot Number Chizmas b. Last Name MA f. State h. Phone Number i. Fax Number j. Email Address 3. -Property owner (required if different from applicant): a. First Name c. Organization T$treet Address W c .-- Nm? u, Ln c s CV .p. (0 N 4 EU' � Number i. Fax Number rotative (if any): i t Name r GgCod Engineering, Inc. c. Company P.O. Box 1517 d. Street Address East Dennis 6i b. f. State PE b.I MA 70 11' 49" e. Longitude 01906 g. Zip Code 02641 e. Cityrrown f. State g. Zip Code 508-385-1445 508-385-1446 bobperry@capecod.net h. Phone Number i. Fax Number j. Email address Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $1,726.00 $850.00 $875.50 a. Total Fee Paid b. State Fee Paid c. City/Town Fee Paid wpaform3.doc • rev. 11/16/09 Page 1 of 8 � t L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information (continued) 6. General Project Description: Construction of a pile supported pier, ramp and float; related dredging 7a. Project Type Checklist: 1. ❑ Single Family Home 3. ❑ Limited Project Driveway Crossing 5. ® Dock/Pier 7. ❑ Coastal Engineering Structure Provided by MassDEP: MassDEP file Number Document Transaction Number Yarmouth Citylrown 2. ❑ Residential Subdivision 4. ❑ Commercial/Industrial 6. ❑ Utilities 8. ❑ Agriculture (e.g., cranberries, forestry) 9. ❑ Transportation 10. ❑ Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. ❑ Yes ® No If yes, describe which limited project applies to this project: 2. Limited Project 8. Property recorded at the Registry of Deeds for: Barnsable a. County 24340 c. Book b. Certificate # (if registered land) 106 d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. ❑ Buffer Zone Only — Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. ❑ Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. For all projects affecting other Resource Area Resource Areas, please attach a a. ❑ Bank narrative explaining how b. El Bordering Vegetated the resource Wetland area was delineated. c. ❑ Land Under Waterbodies and Waterways wpaform3.doc • rev. 11/16/09 Size of Proposed Alteration 1. linear feet 1. square feet 1. square feet 3. cubic yards dredged Proposed Replacement (if and 2. linear feet 2. square feet 2. square feet Page 2 of S 17 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Ki t' of Intent Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Provided by MassDEP: MassDEP File Number o Ice Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) Resource Area d. ❑ Bordering Land Subject to Flooding e. ❑ Isolated Land Subject to Flooding Size of Proposed Alteration 1. square feet 3. cubic feet of flood storage lost 1. square feet Proposed Replacement (if any) 2. square feet 4. cubic feet replaced 2. cubic feet of flood storage lost 3. cubic feet replaced f. ® Riverfront Area Bass River - Chap 91 Exempt -�31e r`I'1�: 1. Name of Waterway (if available) 2. Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. -New agricultural projects only ❑ 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project: square feet 4. Proposed alteration of the Riverfront Area: a. total square feet b. square feet within 100 ft. c. square feet between 100 ft. and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes ❑ No 6. Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes ❑ No 3. ® Coastal Resource Areas: (See 310 CMR 10.25-10.35) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below b. ® Land Under the Ocean 900 1. square feet 50 2. cubic yards dredged c. ❑ Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. ® Coastal Beaches 160 1. square feet 2. cubic yards beach nourishment e. ❑ Coastal Dunes 1. square feet 2. cubic yards dune nourishment wpaform3.doc • rev. 11/16/09 Page 3 of 8 I Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MatsDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) Size of Proposed Alteration Proposed Replacement (if any) f. ❑ Coastal Banks 1. linear feet g. ❑ Rocky Intertidal Shores 1. square feet h. ❑ Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation i. ❑ Land Under Salt Ponds 1. square feet 2. cubic yards dredged i. ® Land Containing 900 Shellfish 1. square feet k. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged I. Z Land Subject to 350 Coastal Storm Flowage 1. square feet 4. ❑ Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. b. square feet of Salt Marsh a. square feet of BVW 5. ❑ Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings C. Other Applicable Standards and Requirements Streamlined Massachusetts Endangered Species ActlWetlands Protection Act Review (: Dthe any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on most recent Estimated Habitat Map of State -Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://www.mass.gov/dfwele/dfw/nhesp/regulatory review/priority habitat/online viewer.htm. a. ❑ Yes Z No 10/08 b. Date of map If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife Route 135, North Drive Westborough, MA 01581 wpaform3.doc • rev. 11/16/09 Page 4 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Provided by MassDEP: MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth Cityrrown C. Other Applicable Standards and Requirements (cont'd) If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section CAL, and include requested materials with this Notice of Intent (NOI); OR complete Section C.1.d, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). 1. c. Submit Supplemental Information for Endangered Species Review' 1. ❑ Percentage/acreage of property to be altered: (a) within wetland Resource Area (b) outside Resource Area percentage/acreage percentage/acreage 2. ❑ Assessor's Map or right-of-way plan of site 3. ❑ Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work **" (a) ❑ Project description (including description of impacts outside of wetland resource area & buffer zone) (b) ❑ Photographs representative of the site (c) ❑ MESA filing fee (fee information available at: http://www.mass.gov/dfwele/dfw/nhesp/regulatory review/mesa/mesa fee schedule.htm). Make check payable to "Commonwealth of Massachusetts - NHESP" and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d) ❑ Vegetation cover type map of site (e) ❑ Project plans showing Priority & Estimated Habitat boundaries d. OR Check One of the Following 1. ❑ Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, hfD://www.mass.aov/dfwele/dfw/nhesp/regulatory review/mesa/mesa exemptions.htm; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. ❑ Separate MESA review ongoing. a. NHESP Tracking # b. Date submitted to NHESP ' Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see http://www.mass.,qov/dfwele/dfw/nhesp/nhesp.htm, regulatory review tab). Priority Habitat includes habitat for state -listed plants and strictly upland species not protected by the Wetlands Protection Act. *' MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc • rev. 11/16/09 Page 5 of 8 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town C. Other Applicable Standards and Requirements (cont'd) 3. ❑ Separate MESA review completed. Include copy of NHESP "no Take" determination or valid Conservation & Management Permit with approved plan. 2. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. ❑ Not applicable — project is in inland resource area only b. ® Yes ❑ No If yes, include proof of mailing or hand delivery of NOI to either: 5 South Shore - Cohasset to Rhode North Shore - Hull to New Hampshire: Island, o 1; Island, and the Cape & Islands: co r>y � kN Division of Marine Fisheries - Division of Marine Fisheries - Southeast Marine Fisheries Station North Shore Office Attn: Environmental Reviewer Attn: Environmental Reviewer 1213 Purchase Street — 3rd Floor 30 Emerson Avenue New Bedford, MA 02740-6694 Gloucester, MA 01930 Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional Office. 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? Online Users: a. El Yes ® No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Include your Website for ACEC locations). Note: electronic filers click on Website. document transaction b. ACEC number (provided on 4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water your receipt (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? page) with all supplementary a. ❑ Yes ® No information you submit to the 5. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Department. Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? a. ❑ Yes ® No 6. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. ❑ Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1. ❑ Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2. ❑ A portion of the site constitutes redevelopment 3. ❑ Proprietary BMPs are included in the Stormwater Management System. b. ® No. Check why the project is exempt: 1. ® Single-family house wpaform3.doc • rev. 11/16/09 Page 6 of 8 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town C. Other Applicable Standards and Requirements (cont'd) 2. ❑ Emergency road repair 3. ❑ Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi -family housing project) with no discharge to Critical Areas. D. Additional Information Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department. 1.0 USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. ® Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. 3. ❑ Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. ® List the titles and dates for all plans and other materials submitted with this NOI. Plan Showing Proposed Pile Supported Pier with Ramp and Pile Held Float with Dredging in Bass River at 66 River Street South Yarmouth, MA Cape Cod Engineering, Inc. Robert M. Perry, P.E. b. Prepared By c. Signed and Stamped by 12/20/11 1' = 30' d. Final Revision Date e. Scale f. Additional Plan or Document Title g. Date s. ❑ If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. ❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7.0 Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. ® Attach NOI Wetland Fee Transmittal Form 9. ❑ Attach Stormwater Report, if needed. wpaform3.doc • rev. 11/16/09 Page 7 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth Cityrrown E. Fees 1. ❑ Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: 6108 (2.(2!& 2. Municipal Check Number 3. Check date 6 (dam 12 /z/ /// 4. State Check Number 5. Ch cke5. da etet Cape Cod Engineering, Inc. 6. Payor name on check: First Name 7. Payor name on check: Last Name F. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40. Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the project location. 1. Signature of Applicant 2. Date 3. Signature of Property Owner (i wfn4. Date 5. Signature of Repre tive (i ny) 6. Date For Conservation Commission: Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery. Other: If the applicant has checked the "yes" box in any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. wpaform3.doc • rev. 11/16/09 Page 8 of 8 Table of Contents for Plans and Materials Submitted with the Notice of Intent for 66A River Street, South Yarmouth Wetland Fee Transmittal Form and copy of state and municipal checks Figure 1— Locus Map: Portion of USGS Dennis Quadrangle Map Figure 2 — Locus Map: Yarmouth Assessors Map 43 Parcel 37 Figure 3 — Portion of Flood Insurance Rate Map Panel #4 — Yarmouth NA-1 Project Narrative Sieve Sample Data dated 12/19/11 Certified mail receipt to DMF Pier Project Shellfish Survey Abutter List Abutter Notice Site Platy - Plan Showing Proposed Pile Supported Pier with Ramp and Pile Held Float with Dredging in Bass River at 66 River Street, South Yarmouth dated 12/20/11 < IV II - _­ , /' "/;" 1 . ., 1) 33 f St yoAP7Laha v PO M, /I IF 4m X y V U Grand Flat 0 �,d Cove f 411. Mo (2,) .28 j 5,� �- .���• �fi`: `�J �'! - -�''IO•TOwG '��\ - ---q EIM C 212 L14r ry e Lpis C:ins N, 4 Fire 4 •C ��. 2 1/' �- cl v �110 { Cei Bm We m pttc Im 12 o IS$ fiver_, 71 C: Tidal Flat 13 eac 0 Davis Tidal Flat Q llp� I �4.. Tidal Flat1 V, Ba River Light B Lach Y A 0 Parkers River Beach 3�js River Tha hers .5� aimater _BM 4, -- ---- T IS f I T' Locus Map Portion of USGS Dennis Quadrangle 66A River Street, South Yarmouth 399 12' 30" 10, 403 2 0 1 MILE tAtA 1000 0 1000 2000 3000 4000 5000 6000 7000 FEET N 1 5 0 1 KILOMETRE i"V E— _1=�_ - � . MILS 0*47' CONTOUR INTERVAL 10 FEET 14 MILS NATIONAL GEODETIC VERTICAL DATUM OF 1929 DEPTH CURVES AND SOUNDINGS IN FEET —DATUM IS MEAN LOW WATER MASS SHORELINE SHOWN RIPI?ESCNTS THE APPROXIMATE LINE OF MEAN HIGH WATER THE MEAN RANGE or TIDE IS APPROXIMATELY 9.5 FEET IN CAPE C01h BAY AND 2.8 FEET IN NANTUCKET SOUND AND 1974 MAGNETIC NORTH INFORMATION SHOWN HEREON IS FOR ASSESSING PURPOSES ONLY. NO LIABILITY FOR ERROR IS ASSUMED BY THE TOWN OF YARMOUIH 100 50 0 ' 100 200Fe Locus Map Assessors Map 43, Parcel 37 66A River Street, South Yarmouth 'ABLE COUNTY, MASBACHUSETTS Portion of Flood Insurance Rate Map Panel #4 - Yarmouth 66A River Street, South Yarmouth Notice of Intent — Narrative 66A River Street, South Yarmouth The area subject to this Notice of Intent is land on the shore of Bass River in South Yarmouth. The Site The site consists of a well vegetated coastal bank, coastal beach and land under the ocean. The coastal beach is a loose sandy textured soil with no vegetation, small areas of black grass and spartina patens exist in places near the base of the bank; land under the ocean is of a sandy mud with an abrupt slope leading to the channel. The channel and water body has a collection of moorings mostly concentrated on the east side of the waterway. On the west side of the waterway to the south of the project vicinity are timber remains of old wharfs or saltworks. These remnants are in the form of large connected timbers partially within the sediment and partially exposed in the intertidal zone. They will be unperturbed by the proposed work. Otherwise, no features, aquatic vegetation or obstructions such as rocks or other debris exist. The Proiect The project involves construction of a pile supported pier, ramp and float with a minor component of dredging activity. Proposed dredging of approx. 50 c.y. of medium sand is intended to minimize the distance from the shore that will achieve appropriate depth of water for small boat navigation. The river channel is relatively straight through this reach of the river. To improve navigation in the area, moorings on the east side shall be shifted in position in accordance with the agreement of the harbormaster having jurisdiction over those respective moorings. The applicant's efforts to minimize the project scope have resulted in a 180 ft. wide navigable zone between the red nun buoy line and the proposed float. Furthermore, the agreement with the Dennis harbormaster to relocate the moorings addresses a problem that has been ongoing for several years where the mooring balls and moored vessels were inconveniently in the channel at certain times. That circumstance shall be improved by 20 to 25 ft. The proposed pier, ramp and float are typical in all respects, being a pile supported pier and a pile held float. The permanent, pile supported pier will not encroach past the mean low water line. The float and ramp shall be removed in the off son t an off site location and will also be stored off site. Dredging work is minimal and involves removal of clean sand of a shoaled variety. The area is affected by a measurable current allowing the sediment to be very clean with no significant shell fish present. The clean sand is highly suitable for beach nourishment. Such work can done either barge -based or with a small machine directly from the beach. Dredged material can be laded off site using a bob cat over a limited route out to the driveway at the site. The sediment shall be dewatered directly on the beach in a minor, bermed depression formed out of the beach sand. Dewatering will involve approximately 5 to 10 c.y. at a time prior to removal from the zone. All of that work shall be done at times of low tide. This work is expected to take less than one day, possible two accounting for the tides. With respect to the prospect for shellfish habitat in the area of the float, it would be beneficial to have a coordinated effort to work with the Yarmouth Dept. of Natural Resources for any concerns from that Dept. The shellfish survey found no evidence of significant shellfish and contains reasoning for this observation. The Yarmouth Waterways Committee reviewed the project in concert with the Shellfish Constable input and found no adverse impact from the nronosed dredginI A minor (approx. 8 ft.) float shift to the east by slightly lengthening the pier and ramp would eliminate the need to dredge. Waterways Committee encouraged the applicant to hold a distance of lo". from e west edge of the navigation channel allowing for a very ample distance of 180 ft within w the.. river Many nearby docks in the Bass River offer far less room and are 30 to 50 ft. from the channel edge. The open pile nature of the facility and the lack of shellfish causes for circumstances within which performance standards can be met. The pier will not significantly interfere with circulation and sediment transport. The area, while a viable shellfish habitat in its constitution does not permit sets of spat that can grow in place and no shell fish will be harmed or displaced to accomplish the work. The proposed pier will provide a platform from which the applicants can launch a vessel rather than the disruptive activity of utilizing the beach deposit for purposes of dragging a dingy and beaching boats to gather passengers. An elevated post supported walkway will provide access over the coastal bank to the pier. Public through access over the pier shall be provided by the small stairway in the vicinity of the mean high water line. The pier and walkway shall be constructed in typical manner. All pilings that can be driven into place shall be driven. Much of the work access shall be by way of the river. The remainder shall be hand dug posts for the walkway or jetted pilings for the pier. The work involves hand carpentry techniques to fit and attach the wood framing. The site shall be fully cleaned and raked and returned to its natural sandy state upon completion. CAPE COD ENGINEERING, INC. P.O. BOX 1517, 500 SETUCKET ROAD, EAST DENNIS, MA 02641 PH - 508-385-1445 FAX - 508-385-1446 SIEVE SAMPLE DATA DATE: 12/19/11 2:20PM JOB IDENTITY: 66A RIVER STREET, SOUTH YARMOUTH, MA LOCATION: BASS RIVER SHORELINE ON PROPOSED PIER CENTERLINE @ PROPOSED FLOAT LOCATION COLLECTED BY: ROBERT PERRY LAB. ANAYSIS BY: ROBERT PERRY OBSERVATIONS: MED. / FINE SAND, uniform W/ < 0.3 % GRAVEL; VERY CLEAN SAND < 0.2% fines. SIEVE OPENING (mm) SIEVE MESH WEIGHT RETAINED (g) % RETAINED CUM. % RETAIN. % FINER SPEC. DESC. Spec. Cum. 4.75 4 0 Med. gravel 2.00 10 0.3 0.3 0.15 0.15 99.8 Fine gravel 0.85 20 8.7 9.0 4.31 4.46 95.5 Cse. sand 0.425 40 45.9 54.9 22.8 27.2 72.8 Cse. sand 0.25 60 96.7 151.6 47.9 75.1 24.9 Med. sand 0.15 100 40.8 192.4 19.7 94.9 5.1 Fine sand 0.075 200 9.7 202.1 4.8 99.7 0.3 V. fine Sand PAN 0.4 202.5 0.2 99.9 0.0 minor screen loss PASSED SIEVE TOTAL 202.5 SAMPLE WET WEIGHT: 257.4 SAMPLE DRY WEIGHT: 202.8 % MOISTURE: 27 D60 / D10 = 3.16 ( UNIFORM) e�ro BY WEIGHT -eWT FINER i e c i n r z n n 0 N _3 Z Certified Mail Receipt to DMF RE: 66A River Street, South Yarmouth - Notice of Intent & Plan showing proposed pile supported pier with ramp and pile held float with dredging dated 11/28/11 (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.Com _ 1 � Postwe U1 .,�,$- Division ovine Southeast Marine Fisheries Station ono -----ww, Attn: Environmental Reviewer °rPO"- 1213 Purchase Street - 3rd Floor «rx sma,, ziPw'. ... New Bedford, MA 02740-6694 PS Form 8003. AurffT77076 See Reverse for Instructions Craig H. Whitcomb Shellfish Survey Consultant Box 471 Harwich, MA 02645 (508) 432-0992 Mr. Robert M. Perry, P.E. Cape Cod Engineering Co., Inc.. P.O. Box 1517 East Dennis, MA 02641 (508) 385-1445 -October 5, 2010 Re: Pier Project Shellfish Survey @ 66A River Street, Yarmouth, MA SHELLFISH SURVEY RESULTS: A shellfish survey was conducted at the proposed project site between 5:30 A.M. and 7:00 A.M. on August 13th, 2010 by Shellfish Survey Consultant Craig H. Whitcomb. A large astronomical -1.3 foot low tide occurred at 9:15 A.M.. Wind was northeasterly 5 mph with air and water temperatures of 75 and 76 degrees respectively. The proposed Yarmouth project area is located on the western shore of Bass River directly across from Wrinkle Point and Stage Island and very near the river's mouth. The site was found to be comprised mostly of loose granular sand and was firm from the shore out past a depth of four feet mean low water (mlw). No deviation of substrate composition was noted within the area surveyed. The upland area of the site is about three feet above the mean low water mark at the edge of the marsh bank and slopes to a depth of four feet (mlw) about sixty feet out into the river. The deep channel depth approaches ten or more feet about one hundred feet from shore.IVisual inspection of the area did not reveal any evidence of clam shell from past sets though the presence of Sand Worms (N. virens) was noted. No Eel Grass was evidenced by this survey. Shore sampling was done on the ebb tide with all square foot samples being taken using a nine toothed Butera (Bibb) basket rake with five inch teeth and a twelve inch wide basket lined with five millimeter mesh. Numerous sample plots were selected across this area to determine where and how much shellfish reside at this location, the quality of the sediment for successful shellfish recruitment, and the overall productive potential and viability of this site for shellfish resources. Results of all plot samples are displayed in Exhibit 1 and the locations of plot samples are identified in Exhibit 2. IMPRESSION: At was found that this particular area of Bass River is not significant for shellfish at the present time as no specimens of any species were sampled during this survey. Further, there was no evidence of past shellfish populations for clams, quahogs, oysters, or scallops produced by any of the thirty sampled plots. Unlike several other surveys done in this area of the river over the years even the Cockles, Slipper Limpets, and Codium Algae were not in attendance. The site was devoid of just about everything mentionable. I don't find this surprising given the location and the dynamics of moving sands in the strong currents of this river. The lack of evidence of past shellfish populations or presence of juvenile seed of any type supports the argument that I conditions in this part of the river are not conducive to shellfish recruitment. Ube findings are consistent with the past neighboring surveys and for this reason I am going to place a current value of shellfish stock within the twenty five hundred square foot survey area of less than fifty dollars. RECOMMENDATIONS: Based on the evidence revealed by this survey it is my belief that the proposed pier would create no substantial negative impacts on the habitat or shellfishery in the river. Any disturbance to the bottom as a result of work will quickly remedy itself with the river's strong tidal action. Further, given the distance from the navigable channel the introduction of this pier would not encroach or otherwise impact boat navigation in the river in such a way as to disrupt public access or have a potential negative effect on the habitat or shellfish resources outside the surveyed area Respectfully submitted, / ,/7, Ae Craig H. Whitcomb Shellfish Survey Consultant EXHIBIT 1 Shellfish Survey @ 66A River Street, South Yarmouth, MA August 13, 2010 PLOT SAMPLE SEDMIENT DEPTH QUAHOGS (millimeters) # SIZE TYPE MLW 15-25mm 25-50mm 50-65mm 65-75mm >75mm Total 1 1 Sq Ft Sand +2' _ _ _ _ - 0 2 GG GG GG _ _ - - - 0 3 GG K GG _ _ - - - 0 4 GG GL GG _ - - 0 5 GG GG GG - - - - - 0 6 GG GG +1.5' - - - - 0 7 GG GG G/. _ - - - - 0 8 GG GG GG _ - - - 0 9 GG GG cG _ - - - 0 10 K GG Gi _ _ _ - - 0 11 GG LG 1611 _ - - - - 0 12 LG GG GG - _ . - - 0 13 GG _ - - - - 0 14 GG GG .. .. - - - 0 15 GG GG GG _ _ - - - 0 16 K GG 69" _ - - - - 0 17 GG GG GG - - - - - 0 18 GG K GG _ - - - - 0 19 GG GG GG - - - - - 0 20 GG GG cG - - - - - 0 21 GG 2' _ _ _ - 0 22 GG GG GG _ _ - - - 0 23 GG GG K _ - - - - 0 24 GG GG GG - _ - - 0 25 GG GG GG - - - 0 26 GG GG 3.5' - - - - - 0 27 GG GG GG _ _ _ - - 0 28 u GG 4' - - - - - 0 29 GG GG GG - _ - - 0 30 GG GG GG _ - - - - 0 TOTALS: 0 0 0 0 0 0 0% 0% 0% 00/0 0% 100% --F-- � % EXHIBIT 2 66 A Ri- *@lif Yarm uth, M ""C _ 6 *y st NG uAugst o2010 ti treet Itck - 14 V t--T 4— -j OF s - - ---o' * - EDGE— AO< LP( 4 5 7x- 2' - vif AcK Lit 9 10 11 12 1 14 15 19 zo All \qo 26 28 29Ao + OL Abutter List -66A River Street, South Yarmouth -Map 43, Parcel 37 Mau 43, Parcels 30 & 32: Kenneth & Nancy Rodgers 20 Brookline Road Scarsdale, NY 10583-6004 May 43, Parcel 31 614 Realty LKC C/o Beacon Capital Partners LLC 200 State St FL 5 Boston, MA 02109-2605 May 43, Parcel 33• Michael Shay 25 Goodings End Yarmouth, ME 04096-6102 May 43, Parcel 34: Richard McCarthy R.P. McCarthy Rev Living Trust 256A Pleasant Street South Yarmouth, MA 02664-4557 Mau 43, Parcel 36• Jonathan & Deborah Wood 82A River Street South Yarmouth, MA 02664 May 43, Parcel 38• Howard W. Cowee C/o Jonathan Wood 82A River Street South Yarmouth, MA 02664 May 43, Parcel 39• John D. Clark C/o Rebecca B. Clark 1163 East Shore Drive Ithaca, NY 14850 Man 43, Parcel 40: Robert & Elizabeth MacBeth 11 Grant Lane Cumberland, RI 02864-4244 Man 43, Parcel 41: Martha P. Gilmore TR C/o Blum, Clark, Churchill, Winslow 44 River Street South Yarmouth, MA 02664 CAPE COD ENGINEERING, INC. Robert M. Perry, P.E. P.O. Box 1517 East Dennis, MA 02641 Tel 508-385-1445 / Fax 508-385-1446 bob ear @cayecod.net NOTIFICATION TO ABUTTERS UNDER THE MASSACHUSETTS WETLAND PROTECTION ACT In accordance with the second paragraph of the Massachusetts General Laws Chapter 131, Section 40 and the Yarmouth Wetland Protection By -Law, you are ftel'eby notified of the following: - Jeff Chizmas has filed a Notice of Intent with the Yarmouth Conservation Commission for construction of a pile supported pier, ramp and float and related Ak edging. The project location is 66A River Street, South Yarmouth; Assessors May 43, Parcel 37� A 1P9pgFFyxtion Commission public hearing is scheduled for Thursday, January 5, �k Yarmouth Town Hall,1146 Rte. 28, South Yarmouth. The meetings start at 7 PM,. ]For more information or to review the Notice of Intent and plans contact the Yar1pa#t# Conservation Dept. office @ 508-398-2231 x 1288 between the hours of and 4:30 PM, Monday thru Friday or contact this office.